BARNES VRS MIEZA-NAW (CCD/C4/06/24) [2024] GHACC 40 (23 January 2024)

BARNES VRS MIEZA-NAW (CCD/C4/06/24) [2024] GHACC 40 (23 January 2024)

The marriage had broken down beyond reconciliation as the parties had not lived as husband and wife for over seven years and all reconciliation efforts failed. Since the marriage was converted to an ordinance marriage, only the ordinance marriage subsisted and could be dissolved by the court.

Citation
BARNES VRS MIEZA-NAW (CCD/C4/06/24) [2024] GHACC 40 (23 January 2024)
Parties
Petitioner: Isaac Ebo Barnes; Respondent: Gladys Mieza-Naw
Court
ghacc
Jurisdiction
Ghana
Judgment Date
23 January 2024
Procedural Posture
Divorce Petition / Final Judgment
Outcome
petition granted
Legal Topics
Divorce, Dissolution of Marriage, Customary Marriage, Ordinance Marriage
Source Language
eng

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Parties

Isaac Ebo Barnes

Petitioner

Gladys Mieza-Naw

Respondent

Procedural Posture

Divorce Petition / Final Judgment

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Whether the court can make an order for the customary dissolution of marriage

Ratio Decidendi

The marriage had broken down beyond reconciliation as the parties had not lived as husband and wife for over seven years and all reconciliation efforts failed. Since the marriage was converted to an ordinance marriage, only the ordinance marriage subsisted and could be dissolved by the court.

Court Disposition

petition granted

Orders

  • The marriage celebrated on 3/6/2012 under Ordinance Marriage (CAP 127) is dissolved.
  • The Marriage Certificate is cancelled.