Mercy Holomah Vrs Frederick Nyamekye [2022] GHACC 267 (16 December 2022)

Mercy Holomah Vrs Frederick Nyamekye [2022] GHACC 267 (16 December 2022)

The court found that an informal marriage existed based on cohabitation, acknowledgment, and evidence. The marriage had broken down beyond reconciliation. The properties acquired during the marriage, though registered in the company’s name, were found to be matrimonial property due to the Respondent’s use of the company as a facade. The Petitioner was entitled to 50% of the matrimonial home and commercial complex, custody of the two minor children, a lump sum payment, and monthly maintenance for the children.

Citation
[2022] GHACC 267
Parties
Petitioner: Mercy Holomah; Respondent: Frederick Nyamekye
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
16 December 2022
Procedural Posture
Divorce and Matrimonial Property / Judgment
Outcome
Petition allowed; marriage dissolved; reliefs granted in part.
Legal Topics
Divorce, Custody, Matrimonial Property, Maintenance, Corporate Veil
Source Language
English
Family Law Divorce Custody Matrimonial Property Maintenance Corporate Veil

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Parties

Mercy Holomah

Petitioner

Frederick Nyamekye

Respondent

Procedural Posture

Divorce and Matrimonial Property / Judgment

Legal Issues

  1. 1 Existence of a valid marriage between the parties
  2. 2 Whether the marriage has broken down beyond reconciliation
  3. 3 Entitlement to custody of the children

Ratio Decidendi

The court found that an informal marriage existed based on cohabitation, acknowledgment, and evidence. The marriage had broken down beyond reconciliation. The properties acquired during the marriage, though registered in the company’s name, were found to be matrimonial property due to the Respondent’s use of the company as a facade. The Petitioner was entitled to 50% of the matrimonial home and commercial complex, custody of the two minor children, a lump sum payment, and monthly maintenance for the children.

Court Disposition

Petition allowed; marriage dissolved; reliefs granted in part.

Orders

  • Marriage between Mercy Holomah and Frederick Nyamekye dissolved.
  • Custody of Kwame Nyamekye and Gabrielle Serwaa Nyamekye granted to Petitioner with reasonable access to Respondent.