ASHONG VRS TAWIAH (C5/107/2023) [2023] GHACC 708 (5 October 2023)

ASHONG VRS TAWIAH (C5/107/2023) [2023] GHACC 708 (5 October 2023)

The court found, based on the evidence and failed reconciliation attempts, that the marriage had broken down beyond reconciliation and thus granted the divorce and adopted the terms of settlement as the judgment of the court.

Citation
[2023] GHACC 708
Parties
Petitioner: Charles Tetteh Ashong (suing per his lawful attorney Samuel Kotei); Respondent: Foster Tawia
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
5 October 2023
Case Number
C5/107/2023
Procedural Posture
Divorce Petition / Final Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Custody, Alimony, Maintenance, Matrimonial Property
Source Language
English
Family Law Divorce Custody Alimony Maintenance Matrimonial Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Charles Tetteh Ashong (suing per his lawful attorney Samuel Kotei)

Petitioner

Foster Tawia

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation under the Matrimonial Causes Act, 1971 (Act 367)
  2. 2 Whether the terms of settlement should be adopted as the judgment of the court

Ratio Decidendi

The court found, based on the evidence and failed reconciliation attempts, that the marriage had broken down beyond reconciliation and thus granted the divorce and adopted the terms of settlement as the judgment of the court.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The Ordinance Marriage celebrated on 4th January, 2019 is dissolved; Marriage Certificate No. RGM 038/2019 and Licence No. SL 1819045 cancelled.
  • Terms of Settlement adopted as consent judgment, including payment of GH¢10,000 to respondent's lawyers, GH¢5,000 to respondent, custody of children to respondent with access to petitioner, petitioner to pay school fees, medical bills, and GH¢2,000 monthly maintenance, and arrangements for travel documents.