EDWARD AGYAKWA ASARE VRS ESTHER OKAILEY ASARE (C5/423/2016) [2022] GHACC 289 (3 November 2022)

EDWARD AGYAKWA ASARE VRS ESTHER OKAILEY ASARE (C5/423/2016) [2022] GHACC 289 (3 November 2022)

Marriage is dissolved as Respondent proved Petitioner’s unreasonable behaviour. Matrimonial home declared joint property due to lack of evidence rebutting presumption. Pick-up vehicle settled on Petitioner as sole property. No maintenance or custody orders as children are adults. No refund of loan as Respondent failed to discharge burden of proof. Petitioner ordered to pay alimony to Respondent.

Citation
[2022] GHACC 289
Parties
Petitioner: Edward Agyakwa Asare; Respondent: Esther Okailey Asare
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
3 November 2022
Case Number
C5/423/2016
Procedural Posture
Matrimonial Cause / Final Judgment
Outcome
Marriage dissolved; reliefs granted and dismissed as specified
Legal Topics
Dissolution of Marriage, Division of Matrimonial Property, Alimony, Maintenance, Custody
Source Language
English
Family Law Dissolution of Marriage Division of Matrimonial Property Alimony Maintenance Custody

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Parties

Edward Agyakwa Asare

Petitioner

Esther Okailey Asare

Respondent

Procedural Posture

Matrimonial Cause / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the parties is broken down beyond reconciliation
  2. 2 Whether the Petitioner should be ordered to pay monthly maintenance and medical bills for the children
  3. 3 Whether the matrimonial home, half plot of land at Rasta Road, and the Pick-up are joint matrimonial properties

Ratio Decidendi

Marriage is dissolved as Respondent proved Petitioner’s unreasonable behaviour. Matrimonial home declared joint property due to lack of evidence rebutting presumption. Pick-up vehicle settled on Petitioner as sole property. No maintenance or custody orders as children are adults. No refund of loan as Respondent failed to discharge burden of proof. Petitioner ordered to pay alimony to Respondent.

Court Disposition

Marriage dissolved; reliefs granted and dismissed as specified

Orders

  • Marriage between parties dissolved
  • Marriage certificate cancelled