Ephrim Vrs Addo [2023] GHADC 33 (20 February 2023)

Ephrim Vrs Addo [2023] GHADC 33 (20 February 2023)

The marriage has broken down beyond reconciliation due to non-cohabitation for over 10 years, total breakdown of consortium vitae, and mutual recognition that the marriage no longer subsists. The Respondent did not desert the matrimonial home as she left for good cause due to the Petitioner's verbal abuse. The Petitioner is liable to refund the loan contracted by the Respondent for the matrimonial home.

Citation
[2023] GHADC 33
Parties
Petitioner: Dan Samson Ephrim; Respondent: Genevieve Opare Addo
Court
District Court
Jurisdiction
Ghana
Judgment Date
20 February 2023
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition for divorce granted; marriage dissolved; loan refund ordered; no order as to costs.
Legal Topics
Divorce, Unreasonable Behaviour, Desertion, Loan Refund
Source Language
English
Family Law Divorce Unreasonable Behaviour Desertion Loan Refund

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Parties

Dan Samson Ephrim

Petitioner

Genevieve Opare Addo

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Whether the Respondent deserted the matrimonial home
  3. 3 Whether the Petitioner should refund the loan contracted by the Respondent

Ratio Decidendi

The marriage has broken down beyond reconciliation due to non-cohabitation for over 10 years, total breakdown of consortium vitae, and mutual recognition that the marriage no longer subsists. The Respondent did not desert the matrimonial home as she left for good cause due to the Petitioner's verbal abuse. The Petitioner is liable to refund the loan contracted by the Respondent for the matrimonial home.

Court Disposition

Petition for divorce granted; marriage dissolved; loan refund ordered; no order as to costs.

Orders

  • The marriage celebrated on 3rd December 1994 is dissolved; decree of divorce granted; marriage certificate registration number 5/94 cancelled.
  • Petitioner to pay GH₵7,381.11 in 6 monthly installments effective end of March 2023 directly to GESRO Co-operative Credit Union.