Essien Vrs Essien [2022] GHACC 194 (7 October 2022)

The marriage was dissolved as both parties had lived separately for over ten years, had not cohabited as husband and wife, and both sought dissolution, satisfying statutory grounds for divorce.

Citation: [2022] GHACC 194
Parties: Petitioner: Ivy Dorinda Essien; Respondent: Francis Essien
Court: Circuit Court
Jurisdiction: Ghana
Judgment Date: 7 October 2022
Procedural Posture: Divorce Petition / Judgment
Outcome: petition granted
Legal Topics: Dissolution of Marriage, Matrimonial Causes, Adultery, Desertion
Source Language: English

Family Law Dissolution of Marriage Matrimonial Causes Adultery Desertion

Case Brief

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Parties

Ivy Dorinda Essien

Petitioner

Francis Essien

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

1 Whether the marriage between the petitioner and respondent has broken down beyond reconciliation
2 Whether the conduct of the respondent constitutes unreasonable behaviour justifying divorce

Ratio Decidendi

The marriage was dissolved as both parties had lived separately for over ten years, had not cohabited as husband and wife, and both sought dissolution, satisfying statutory grounds for divorce.

Court Disposition

petition granted

Orders

Marriage between the parties celebrated on 9th January 1991 is dissolved.
Decree of divorce issued.