Christiana Annan Vrs Eric Annan [2022] GHACC 155 (30 September 2022)

Christiana Annan Vrs Eric Annan [2022] GHACC 155 (30 September 2022)

The court found that the respondent's conduct, including assault, adultery, desertion, and failure to maintain the petitioner and their child, constituted behavior making it unreasonable for the petitioner to continue living with him. The marriage had irretrievably broken down. The property at Oyarifa was deemed jointly acquired and subject to equitable distribution. The petitioner was entitled to custody, maintenance, accommodation, and a lump sum financial provision.

Citation
[2022] GHACC 155
Parties
Petitioner: Christiana Annan; Respondent: Eric Annan
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
30 September 2022
Procedural Posture
Divorce Petition (customary Law Marriage) / Final Judgment
Outcome
Petition allowed; marriage dissolved; ancillary reliefs granted.
Legal Topics
Dissolution of Customary Marriage, Maintenance, Custody, Property Settlement, Domestic Violence
Source Language
English
Family Law Dissolution of Customary Marriage Maintenance Custody Property Settlement Domestic Violence

Case Brief

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Parties

Christiana Annan

Petitioner

Eric Annan

Respondent

Procedural Posture

Divorce Petition (customary Law Marriage) / Final Judgment

Legal Issues

  1. 1 Whether the respondent has behaved in such a way that the petitioner cannot reasonably be expected to continue living with him
  2. 2 Whether the respondent has committed adultery
  3. 3 Whether the respondent should be ordered to pay for accommodation for the child and the petitioner

Ratio Decidendi

The court found that the respondent's conduct, including assault, adultery, desertion, and failure to maintain the petitioner and their child, constituted behavior making it unreasonable for the petitioner to continue living with him. The marriage had irretrievably broken down. The property at Oyarifa was deemed jointly acquired and subject to equitable distribution. The petitioner was entitled to custody, maintenance, accommodation, and a lump sum financial provision.

Court Disposition

Petition allowed; marriage dissolved; ancillary reliefs granted.

Orders

  • Marriage between the parties dissolved under sections 2(1)(b)(f) and 41(3) and (4) of Act 367.
  • Custody of the child granted to the petitioner; respondent granted reasonable access.