SENYO VRS KOTOKU (C5/329/2023) [2024] GHACC 152 (9 February 2024)

SENYO VRS KOTOKU (C5/329/2023) [2024] GHACC 152 (9 February 2024)

The court found that, despite contradictory evidence on the exact date of separation, both parties have not lived as husband and wife since at least August 2021, have ceased all communication, have no emotional ties, and diligent efforts at reconciliation have failed. This satisfies section 2(1)(f) of Act 367, proving breakdown beyond reconciliation and justifying dissolution of the marriage.

Citation
SENYO VRS KOTOKU (C5/329/2023) [2024] GHACC 152 (9 February 2024)
Parties
Petitioner: Daniel Kojo Senyo; Respondent: Grace Kotoku
Court
ghacc
Jurisdiction
Ghana
Judgment Date
9 February 2024
Procedural Posture
Matrimonial Cause (divorce) / Final Judgment
Outcome
petition granted; marriage dissolved
Legal Topics
Divorce, Breakdown of Marriage, Matrimonial Causes, Dissolution of Marriage
Source Language
eng
Family Law Divorce Breakdown of Marriage Matrimonial Causes Dissolution of Marriage

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Parties

Daniel Kojo Senyo

Petitioner

Grace Kotoku

Respondent

Procedural Posture

Matrimonial Cause (divorce) / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation under section 2(1) of the Matrimonial Causes Act, 1971 (Act 367)

Ratio Decidendi

The court found that, despite contradictory evidence on the exact date of separation, both parties have not lived as husband and wife since at least August 2021, have ceased all communication, have no emotional ties, and diligent efforts at reconciliation have failed. This satisfies section 2(1)(f) of Act 367, proving breakdown beyond reconciliation and justifying dissolution of the marriage.

Court Disposition

petition granted; marriage dissolved

Orders

  • The marriage celebrated on 26th March 2020 between the parties is dissolved as of 9th February 2024.
  • No order as to costs.