BORTEY VRS SOUMANA (C5/43/2024) [2023] GHACC 698 (19 December 2023)
- Citation
- [2023] GHACC 698
- Status
- Judgment
- Jurisdiction
- Ghana
- Court
- Circuit Court
- Posture
- Divorce Petition / Judgment
- Case number
- C5/43/2024
- Language
- English
More details
- Court
- Circuit Court
- Posture
- Divorce Petition / Judgment
- Case number
- C5/43/2024
- 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 due to irreconcilable differences, specifically the respondent marrying a second wife, and is therefore dissolved under the Matrimonial Causes Act.
Court disposition
marriage dissolved
Orders
- Registrar to cancel Marriage Certificate and issue Divorce Certificate
- Custody of Nasara Harouna, Zikiya Harouna, and Ramadan Harouna granted to respondent
- Respondent to ensure all five children have necessaries of life, shelter, health, and education
- Respondent to pay 200,000 Ghana Cedis to petitioner as compensation and provision of accommodation
- Parties to bear their own costs; no award as to cost
02
Material facts
Parties
Diana Bortey
PetitionerHarouna Soumana
RespondentAmounts and remedies
- Compensation and Provision of Accommodation: GHS 200,000
03
Procedural history
Posture
Divorce Petition / Judgment
04
Questions and positions
Legal issues
- 01
Whether the marriage has broken down beyond reconciliation under Section 2(1)(f) of the Matrimonial Causes Act 1971 (Act 367)
- 02
Custody and maintenance of children upon dissolution
- 03
Division of matrimonial property and compensation
Party arguments
- Applicant
- The marriage has irreconcilable differences due to the respondent marrying a second wife and should be dissolved.
- Respondent
- Consent to dissolution and agreement on custody and compensation arrangements.
05
Court’s reasoning
Legal principles
- 01
Section 2(1)(f) Matrimonial Causes Act 1971 (Act 367)
A marriage may be dissolved if it has broken down beyond reconciliation due to irreconcilable differences.
- 02
Sections 43, 44, 45 Children’s Act, 1998 (Act 560)
Custody and maintenance of children must be determined in the best interests of the child.
06
Ratio, limits and disposition
Ratio decidendi
The marriage has broken down beyond reconciliation due to irreconcilable differences, specifically the respondent marrying a second wife, and is therefore dissolved under the Matrimonial Causes Act.
Court disposition
marriage dissolved
- Registrar to cancel Marriage Certificate and issue Divorce Certificate
- Custody of Nasara Harouna, Zikiya Harouna, and Ramadan Harouna granted to respondent
- Respondent to ensure all five children have necessaries of life, shelter, health, and education
- Respondent to pay 200,000 Ghana Cedis to petitioner as compensation and provision of accommodation
- Parties to bear their own costs; no award 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 ‘2’ ADENTAN SITTING BEFORE HER HONOUR SEDINAM AWO BALOKAH (MS) THE PRESIDING JUDGE ON THE 19TH DAY OF DECEMBER, 2023 TIME: 8: 45 AM SUIT NO. C5/43/2024
DIANA BORTEY H/NO. UNNUMBERED
ABOKOBI SCHOOL JUNCTION
ABOKOBI VRS.
HAROUNA SOUMANA H/NO UNNUMBERED
ABOKOBI SCHOOL JUNCTION
ACCRA Parties Present
PETITIONER
RESPONDENT BY COURT- JUDGMENT ON DISSOLUTION Having read the Petition presented by the Petitioner herein on the 6th December, 2022 and having considered her testimony on oath as well as the Affidavit of Consent filed by the Respondent herein on 14th December 2023, I am of the considered opinion that the Parties’ difference about the Respondent marrying a second wife is an irreconcilable difference. Upon this fact and in light of Section 2 (1) (f) of the Matrimonial Causes Act 1971 (Act 367), I find and hold that the Ordinance Marriage celebrated between the Parties on the 5th day of November 2011 has broken down beyond reconciliation. The Registrar shall cancel the Marriage Certificate (Exhibit A) and issue a Divorce Certificate to the Parties. In light of Sections 43, 44, 45 of the Children’s Act, 1998 (Act 560) custody of Nasara Harouna, 13 years, Zikiya Harouna (11 years) and Ramadan Harouna (3 years) is granted to the Respondent herein as agreed to by the Parties prior to trial and confirmed by the testimony of Petitioner. Access to these 3 children is granted to the Respondent. The Respondent shall ensure that all 5 children of this marriage have all necessaries of life, shelter, health and education. The court witnesses the Respondent handing over Two Hundred Thousand Ghana Cedis to the Petitioner in court as compensation and provision of accommodation. Court records shall serve as receipt of this payment. Parties shall bear their own cost incidental to litigating this suit. No award as to cost. I accordingly dissolve the said marriage this 19th day of December 2023. H/H SEDINAM AWO BALOKAH
CIRCUIT COURT JUDGE Comfy*
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.