BETTEY AND ANOTHER VRS MEMBLE AND ANOTHER (A6/8/2020) [2023] GHADC 1177 (19 April 2023)

BETTEY AND ANOTHER VRS MEMBLE AND ANOTHER (A6/8/2020) [2023] GHADC 1177 (19 April 2023)

The court found that the plaintiff is the father of the child based on evidence of care, performance of customary rites, public acknowledgment, and the defendant's failure to produce the alleged biological father. The court held that removing the child from the jurisdiction and placing her with an unknown person was...

Source-derived case information.

Citation
[2023] GHADC 1177
Parties
Plaintiff: Emmanuel Bettey; Plaintiff: Esther Dzakobo; Defendant: Sefakor Aku Memble; Defendant: Paaku Joseph
Court
District Court
Jurisdiction
Ghana
Judgment Date
19 April 2023
Case Number
A6/8/2020
Procedural Posture
Child Custody / Judgment
Outcome
Plaintiff granted legal custody of the child; defendant granted reasonable access during long school vacations.
Legal Topics
Child Custody, Parentage, Best Interest of the Child
Source Language
english
Family Law Child Law Child Custody Parentage Best Interest of the Child

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Summary, issues, holding and outcome

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Parties

Emmanuel Bettey

Plaintiff

Esther Dzakobo

Plaintiff

Sefakor Aku Memble

Defendant

Paaku Joseph

Defendant

Procedural Posture

Child Custody / Judgment

Legal Issues

  1. 1 Whether the plaintiff is the father of the child in issue
  2. 2 Whether sending the child to an unknown person in Brong Ahafo was in the best interest of the child

Ratio Decidendi

The court found that the plaintiff is the father of the child based on evidence of care, performance of customary rites, public acknowledgment, and the defendant's failure to produce the alleged biological father. The court held that removing the child from the jurisdiction and placing her with an unknown person was not in the child's best interest. Legal custody was granted to the plaintiff with reasonable access to the defendant during long school vacations.

Court Disposition

Plaintiff granted legal custody of the child; defendant granted reasonable access during long school vacations.

Orders

  • Legal custody of the child granted to the plaintiff
  • Defendant to have reasonable access to the child during every long school vacation