Annang Vrs Agyekum [2023] GHADC 675 (25 July 2023)

Annang Vrs Agyekum [2023] GHADC 675 (25 July 2023)

The petitioner proved, on a balance of probabilities, that the marriage had broken down beyond reconciliation due to the respondent's conduct, including adultery, abuse, and prolonged separation. The statutory requirements for dissolution under the Matrimonial Causes Act, 1971 (Act 367) were satisfied.

Citation
[2023] GHADC 675
Parties
Petitioner: Annang Ruth; Respondent: Godwin Agyekum
Court
District Court
Jurisdiction
Ghana
Judgment Date
25 July 2023
Procedural Posture
Divorce Petition / Final Judgment
Outcome
petition granted; marriage dissolved
Legal Topics
Divorce, Matrimonial Causes, Burden of Proof, Irretrievable Breakdown of Marriage
Source Language
English
Family Law Divorce Matrimonial Causes Burden of Proof Irretrievable Breakdown of Marriage

Case Brief

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Parties

Annang Ruth

Petitioner

Godwin Agyekum

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has broken down beyond reconciliation
  2. 2 Whether the petitioner has proved grounds for dissolution of marriage under the Matrimonial Causes Act, 1971 (Act 367)

Ratio Decidendi

The petitioner proved, on a balance of probabilities, that the marriage had broken down beyond reconciliation due to the respondent's conduct, including adultery, abuse, and prolonged separation. The statutory requirements for dissolution under the Matrimonial Causes Act, 1971 (Act 367) were satisfied.

Court Disposition

petition granted; marriage dissolved

Orders

  • The marriage between the parties as celebrated on 3rd August, 2019 is dissolved.
  • Costs of GH₵10,000 awarded against the respondent.