ESTHER DEDE TETTEH VRS FREDERICK KOFI FRIMPONG (C5/121/2023) [2023] GHACC 1117 (21 June 2023)
The marriage is dissolved as the parties have not lived as husband and wife for two years preceding the petition, satisfying the statutory ground for dissolution.
Source-derived case information.
- Citation
- [2023] GHACC 1117
- Parties
- Petitioner: Esther Dede Tetteh; Respondent: Frederick Kofi Frimpong
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 21 June 2023
- Case Number
- C5/121/2023
- Procedural Posture
- Divorce / Judgment
- Outcome
- marriage dissolved
- Legal Topics
- Divorce, Custody, Maintenance, Property Settlement
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Dede Tetteh
Petitioner
Frederick Kofi Frimpong
Respondent
Procedural Posture
Divorce / Judgment
Legal Issues
- 1 Whether the marriage has broken down beyond reconciliation
- 2 Custody of children
- 3 Maintenance for children
Ratio Decidendi
The marriage is dissolved as the parties have not lived as husband and wife for two years preceding the petition, satisfying the statutory ground for dissolution.
Court Disposition
marriage dissolved
Orders
- Custody of children granted to petitioner
- Respondent to pay GH¢10,000.00 costs to petitioner
Full Case Text
Judgment text and source record
1 paragraphs
IN THE CIRCUIT COURT “11” HELD IN ACCRA ON WEDNESDAY, THE 21ST DAY OF JUNE 2023, BEFORE HIS HONOUR ISAAC OHENEBA-KUFFOUR, CIRCUIT COURT JUDGE SUIT No. C5/121/2023 ESTHER DEDE TETTEH V FREDERICK KOFI FRIMPONG ======================================================== ======================================================== JUDGMENT Petitioner present Respondent absent Dzodzi Dzidula for Petitioner present BY COURT: The Court finds that the marriage between the parties has broken down beyond reconciliation for failure of the parties to live as husband and wife for two years, preceding the presentation of the petitioner. This finding is made under Section 2(1)(d) of the Matrimonial Causes Act, Act 367 of 1971, Leaving the Court to one conclusion that the marriage is to be dissolved and accordingly dissolved under Section 1(2) of Act 367. Consequentially, custody of the children of the marriage is granted to the Petitioner with cost of GH¢10,000.00 awarded against the Respondent. There is no information to aid the Court to credibly award alimony in the Case The Respondent is further ordered to pay maintenance of GH¢1,000 per month subject to 10% yearly review. The order in respect of the house at Medie is for the Petitioner to liaise with Registrar for the valuation of the property. The Petitioner is entitled to half of the value of the property as settlement. No order as to cost. (SGD) H/H ISAAC OHENEBA-KUFFOUR CIRCUIT COURT JUDGE