Asomah Vrs Asomah [2023] GHADC 66 (31 May 2023)

Asomah Vrs Asomah [2023] GHADC 66 (31 May 2023)

The marriage has broken down beyond reconciliation as evidenced by lack of cohabitation for over five years, lack of effective communication, and mutual consent to dissolution. The property in question was acquired during the marriage and both parties contributed, entitling the Respondent to a half share. The Petitioner is also ordered to pay alimony and cease using the matrimonial home as a church.

Citation
[2023] GHADC 66
Parties
Petitioner: Samuel Alex Asomah; Respondent: Esther Asomah
Court
District Court
Jurisdiction
Ghana
Judgment Date
31 May 2023
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition for divorce granted; marriage dissolved; counter-petition partially granted.
Legal Topics
Divorce, Matrimonial Property, Alimony
Source Language
English
Family Law Divorce Matrimonial Property Alimony

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Parties

Samuel Alex Asomah

Petitioner

Esther Asomah

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation as a result of unreasonable behaviour
  2. 2 Whether House No. PT 61 is matrimonial property and subject to division
  3. 3 Whether the Respondent is entitled to alimony

Ratio Decidendi

The marriage has broken down beyond reconciliation as evidenced by lack of cohabitation for over five years, lack of effective communication, and mutual consent to dissolution. The property in question was acquired during the marriage and both parties contributed, entitling the Respondent to a half share. The Petitioner is also ordered to pay alimony and cease using the matrimonial home as a church.

Court Disposition

Petition for divorce granted; marriage dissolved; counter-petition partially granted.

Orders

  • Ordinance marriage between the parties dissolved.
  • Decree of divorce granted; marriage certificate No. 213/94 cancelled.