Gyan Vrs Boakye-agyemang [2023] GHAHC 168 (10 July 2023)

Gyan Vrs Boakye-agyemang [2023] GHAHC 168 (10 July 2023)

The petitioner proved on a balance of probabilities that the respondent deserted the matrimonial home for a continuous period of seven years, satisfying the statutory ground of at least two years' desertion, and the marriage has broken down beyond reconciliation. The marriage is therefore dissolved.

Citation
[2023] GHAHC 168
Parties
Petitioner: Kofi Kutu Gyan; Respondent: Harriet Boakye-Agyemang
Court
High Court
Jurisdiction
Ghana
Judgment Date
10 July 2023
Procedural Posture
Divorce Petition / Final Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Matrimonial Causes, Desertion, Breakdown of Marriage
Source Language
English
Family Law Divorce Matrimonial Causes Desertion Breakdown of Marriage

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Kofi Kutu Gyan

Petitioner

Harriet Boakye-Agyemang

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has broken down beyond reconciliation under the Matrimonial Causes Act, 1971 (Act 367)
  2. 2 Whether the respondent deserted the petitioner for a continuous period of at least two years

Ratio Decidendi

The petitioner proved on a balance of probabilities that the respondent deserted the matrimonial home for a continuous period of seven years, satisfying the statutory ground of at least two years' desertion, and the marriage has broken down beyond reconciliation. The marriage is therefore dissolved.

Court Disposition

petition allowed; marriage dissolved

Orders

  • The marriage between the petitioner and respondent is dissolved.
  • No order as to payment of alimony.