Essel Vrs Danquah [2023] GHADC 283 (5 April 2023)

Essel Vrs Danquah [2023] GHADC 283 (5 April 2023)

The respondent admitted to adultery, which is a valid ground for dissolution under section 2(1)(a) of Act 367. The evidence established that the marriage had broken down beyond reconciliation. The petitioner proved her case on a balance of probabilities, warranting dissolution of the marriage.

Citation
[2023] GHADC 283
Parties
Petitioner: Eunice Essel; Respondent: Obed Kwagyah Danquah
Court
District Court
Jurisdiction
Ghana
Judgment Date
5 April 2023
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition allowed. Marriage dissolved.
Legal Topics
Divorce, Child Custody, Maintenance, Adultery, Burden of Proof
Source Language
English
Family Law Divorce Child Custody Maintenance Adultery Burden of Proof

Case Brief

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Parties

Eunice Essel

Petitioner

Obed Kwagyah Danquah

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation
  2. 2 Whether the respondent committed adultery
  3. 3 Custody and maintenance of the child

Ratio Decidendi

The respondent admitted to adultery, which is a valid ground for dissolution under section 2(1)(a) of Act 367. The evidence established that the marriage had broken down beyond reconciliation. The petitioner proved her case on a balance of probabilities, warranting dissolution of the marriage.

Court Disposition

Petition allowed. Marriage dissolved.

Orders

  • Marriage between the parties is dissolved.
  • Custody of the child granted to the petitioner with reasonable access to the respondent two weekends a month and during holidays/vacations as agreed.