Anokye Vrs Dadzie [2022] GHADC 53 (15 December 2022)

Anokye Vrs Dadzie [2022] GHADC 53 (15 December 2022)

The marriage has broken down beyond reconciliation as the parties have not lived together as husband and wife for over four years, and both parties consent to the dissolution. The evidence does not support the Petitioner's allegations against the Respondent; rather, the breakdown is attributed to family interference and lack of cohabitation.

Citation
[2022] GHADC 53
Parties
Petitioner: Konfo Anokye; Respondent: Grace Dadzie
Court
District Court
Jurisdiction
Ghana
Judgment Date
15 December 2022
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition for divorce granted; marriage dissolved.
Legal Topics
Divorce, Matrimonial Property, Financial Provision, Custody
Source Language
English
Family Law Divorce Matrimonial Property Financial Provision Custody

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Parties

Konfo Anokye

Petitioner

Grace Dadzie

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation under the Matrimonial Causes Act, 1971 (Act 367)
  2. 2 Whether the Respondent is entitled to financial provision and settlement of matrimonial property

Ratio Decidendi

The marriage has broken down beyond reconciliation as the parties have not lived together as husband and wife for over four years, and both parties consent to the dissolution. The evidence does not support the Petitioner's allegations against the Respondent; rather, the breakdown is attributed to family interference and lack of cohabitation.

Court Disposition

Petition for divorce granted; marriage dissolved.

Orders

  • Marriage between the parties dissolved and marriage certificate cancelled.
  • Children of the marriage are at liberty to stay wherever they desire as they are no longer minors.