YEVUGAH VRS CHIAPPAH (A4/30/18) [2024] GHADC 13 (12 February 2024)

YEVUGAH VRS CHIAPPAH (A4/30/18) [2024] GHADC 13 (12 February 2024)

The marriage has broken down beyond reconciliation due to adultery, cruelty, and prolonged separation. Custody of the youngest child is awarded to the mother in the child's best interest. Maintenance and arrears are ordered against the Respondent. The uncompleted building is marital property, but Respondent failed to prove substantial contribution, so he is entitled to only 30% share. Relief for allocation of land to eldest child is denied as children have no legal interest in parents' property absent specific contribution.

Citation
YEVUGAH VRS CHIAPPAH (A4/30/18) [2024] GHADC 13 (12 February 2024)
Parties
Petitioner: Lilian Yevugah; Respondent: Emmanuel Chiappah
Court
ghadc
Jurisdiction
Ghana
Judgment Date
12 February 2024
Procedural Posture
Divorce Petition and Cross Petition / Final Judgment
Outcome
Petition for dissolution of marriage granted; cross-petition partially granted; reliefs granted and denied as specified.
Legal Topics
Divorce, Child Custody, Maintenance, Division of Matrimonial Property
Source Language
eng
Family Law Divorce Child Custody Maintenance Division of Matrimonial Property

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Parties

Lilian Yevugah

Petitioner

Emmanuel Chiappah

Respondent

Procedural Posture

Divorce Petition and Cross Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Entitlement to custody of the children
  3. 3 Entitlement to maintenance for the children

Ratio Decidendi

The marriage has broken down beyond reconciliation due to adultery, cruelty, and prolonged separation. Custody of the youngest child is awarded to the mother in the child's best interest. Maintenance and arrears are ordered against the Respondent. The uncompleted building is marital property, but Respondent failed to prove substantial contribution, so he is entitled to only 30% share. Relief for allocation of land to eldest child is denied as children have no legal interest in parents' property absent specific contribution.

Court Disposition

Petition for dissolution of marriage granted; cross-petition partially granted; reliefs granted and denied as specified.

Orders

  • Marriage between parties dissolved; marriage certificate cancelled.
  • Custody of youngest child (Fafa Chiappah) to Petitioner with reasonable access to Respondent.