GETRUDE BREW VRS GODWILL ARTHUR (C5/168/2023) [2023] GHACC 1072 (9 June 2023)
- Citation
- [2023] GHACC 1072
- Status
- Judgment
- Jurisdiction
- Ghana
- Court
- Circuit Court
- Posture
- Divorce Petition / Judgment
- Case number
- C5/168/2023
- Language
- English
More details
- Court
- Circuit Court
- Posture
- Divorce Petition / Judgment
- Case number
- C5/168/2023
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The marriage has broken down beyond reconciliation as evidenced by abandonment, respondent's remarriage, and failed attempts at reconciliation.
Court disposition
petition allowed; marriage dissolved
Orders
- Marriage between petitioner and respondent dissolved
- No order as to cost
02
Material facts
Parties
Getrude Brew
PetitionerGodwill Arthur
Respondent03
Procedural history
Posture
Divorce Petition / Judgment
04
Questions and positions
Legal issues
Whether the marriage between the petitioner and respondent has broken down beyond reconciliation
Party arguments
- Applicant
- The respondent threatened several times to leave, family interventions failed, respondent abandoned the marriage, and is now married to another woman. Petitioner no longer seeks financial provision or costs.
- Respondent
- No argument presented; respondent did not appear or file any process.
05
Court’s reasoning
Legal principles
- 01
court's reasoning
A marriage may be dissolved if it has broken down beyond reconciliation.
06
Ratio, limits and disposition
Ratio decidendi
The marriage has broken down beyond reconciliation as evidenced by abandonment, respondent's remarriage, and failed attempts at reconciliation.
Court disposition
petition allowed; marriage dissolved
- Marriage between petitioner and respondent dissolved
- No order as to cost
Source and reliance status
Circuit Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Circuit Court
Judgment
IN THE CIRCUIT COURT OF GHANA HELD IN ACCRA ON FRIDAY, 9TH DAY OF JUNE 2023, BEFORE HIS HONOUR KWABENA KODUA OBIRI- YEBOAH, CIRCUIT COURT JUDGE SUIT NO: C5/168/2023
GETRUDE BREW …
PETITIONER HOUSE NUMBER 18, OWMANYEABA AVENUE-LASHIBI COMMUNITY 7, TEMA
VRS
GODWILL ARTHUR …
RESPONDENT HOUSE NUMBER, 57/7
NEW MARKET ASAMANKESE (PETITIONER WILL DIRECT SERVICE) =====================================================
J U D G M E N T ===================================================== The Petitioner issued the petition from the registry of the court on 14th February 2023 seeking the dissolution of her marriage to the Respondent as well as reasonable financial provision and cost. However, the Petitioner in her evidence before the court indicated that she is not interested in any financial provision or cost. The case of the Petitioner per her petition is that the Respondent threatened several times to leave the Petitioner. And the petitioner indicated per her petition that there were attempts of family to resolve the challenges of the marriage, but they were not successful. It is because of this that the Petitioner seeks the dissolution, as currently the Petitioner has abandoned the marriage and when she paid a visit to the family house, where the Respondent now lives, she met his absence. On her last visit, she saw a woman with a child, and she inquired from some friends in the neighborhood and has found out that the Respondent is now married to another woman, and he is in Asamankese and that is why the Respondent is avoiding her as he cannot explain the situation to her. After the Petitioner filed the petition, it is on record that the Respondent has been served but till date the Respondent has not filed any process before the court and has not appeared before the court. During the trial
the Petitioner relied on her witness statement and exhibit A she filed. The Petitioner testifies that the Respondent was in the habit of going out often and when she complains it turns into argument and times that she is assaulted by the Respondent. On this day the court has had the opportunity to hear the Petitioner and comes to the conclusion that the marriage has broken down beyond reconciliation. Therefore, the marriage which was contracted by the parties on 1st June 1993 is hereby dissolved in favour of the Petitioner. No order as to cost. SGD HIS HONOUR KWABENA KODUA OBIRI-YEBOAH,
CIRCUIT COURT JUDGE
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