DWOMOH VRS OPOKU (A4/05/2024) [2024] GHADC 269 (23 July 2024)

DWOMOH VRS OPOKU (A4/05/2024) [2024] GHADC 269 (23 July 2024)

The marriage has broken down beyond reconciliation as evidenced by the parties' conduct, failed reconciliation efforts, and mutual agreement for dissolution. The petitioner is entitled to custody of the children, maintenance, and refund of the agreed loan amount. The claim for a share in the jointly acquired land was abandoned.

Citation
DWOMOH VRS OPOKU (A4/05/2024) [2024] GHADC 269 (23 July 2024)
Parties
Petitioner: Dwomoh Racheal; Respondent: Ernest Yeboah Opoku
Court
ghadc
Jurisdiction
Ghana
Judgment Date
23 July 2024
Procedural Posture
Matrimonial Cause (divorce) / Final Judgment
Outcome
petition granted; marriage dissolved
Legal Topics
Dissolution of Marriage, Custody of Children, Maintenance, Division of Property, Loan Refund
Source Language
eng
Family Law Dissolution of Marriage Custody of Children Maintenance Division of Property Loan Refund

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Parties

Dwomoh Racheal

Petitioner

Ernest Yeboah Opoku

Respondent

Procedural Posture

Matrimonial Cause (divorce) / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation and should be dissolved
  2. 2 Custody and maintenance of the children
  3. 3 Entitlement to refund of loan taken by petitioner for respondent

Ratio Decidendi

The marriage has broken down beyond reconciliation as evidenced by the parties' conduct, failed reconciliation efforts, and mutual agreement for dissolution. The petitioner is entitled to custody of the children, maintenance, and refund of the agreed loan amount. The claim for a share in the jointly acquired land was abandoned.

Court Disposition

petition granted; marriage dissolved

Orders

  • Marriage between the parties contracted on 6/06/09 is dissolved as broken down beyond reconciliation.
  • Custody of the three children granted to petitioner with respondent granted adequate access.