Dela Ama Segbefia Vrs Henry Barnes [2023] GHACC 484 (22 May 2023)
- Citation
- [2023] GHACC 484
- Status
- Judgment
- Jurisdiction
- Ghana
- Court
- Circuit Court
- Posture
- Dissolution of Marriage / Judgment
- Language
- English
More details
- Court
- Circuit Court
- Posture
- Dissolution of Marriage / Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The evidence established that the parties' customary marriage was dissolved by their families on 2nd February 2019, satisfying the legal requirements for dissolution under the Matrimonial Causes Act.
Court disposition
customary marriage dissolved
Orders
- The customary marriage between Dela Ama Segbefia and Henry Barnes is dissolved effective 2nd February 2019.
- No order as to costs.
02
Material facts
Parties
Dela Ama Segbefia
PetitionerHenry Barnes
Respondent03
Procedural history
Posture
Dissolution of Marriage / Judgment
04
Questions and positions
Legal issues
Whether the customary marriage between the parties has been validly dissolved
Party arguments
- Applicant
- The parties contracted a customary marriage on 14th February 2015, ceased cohabiting due to respondent's bad behaviour, and the families dissolved the marriage customarily on 2nd February 2019.
- Respondent
- Absent; no argument presented.
05
Court’s reasoning
Legal principles
- 01
Section 2 of the Matrimonial Causes Act 1971 (Act 367)
A customary marriage may be dissolved by the families of the parties in accordance with customary law.
06
Ratio, limits and disposition
Ratio decidendi
The evidence established that the parties' customary marriage was dissolved by their families on 2nd February 2019, satisfying the legal requirements for dissolution under the Matrimonial Causes Act.
Court disposition
customary marriage dissolved
- The customary marriage between Dela Ama Segbefia and Henry Barnes is dissolved effective 2nd February 2019.
- No order as to costs.
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
SEDINAM AWO BALOKAH (MS) THE PRESIDING JUDGE ON THE 22TH DAY OF MAY, 2023 ‘2’ ADENTAN BEFORE HER HONOUR TIME: 9:20 AM SUIT NO. C5/060/2023
DELA AMA SEGBEFIA
UNNUMBERED HOUSE NMAI DZORN, ACCRA VRS.
HENRY BARNES ASHALE - BOTWE
ACCRA Petitioner: Present Respondent: Absent
PETITIONER
RESPONDENT By Court - Judgment: The facts in evidence in record are as follows: 1) That the Parties herein contracted a customary marriage on the 14th day of February, 2015.
2) That owing to the bad behaviour of the Respondent, the Parties parted ways and ceased living together as husband and wife.
3) That the families of the Parties dissolved their customary marriage customarily on the 2nd day of February, 2019. Upon this facts and in light of Section (2) of the Matrimonial Causes Act 1971 (Act 367), I declare that the Customary Marriage celebrated between the Parties on the 14th day of February, 2015 stands dissolved as at the 2nd day of February, 2019 as supported by all the evidence on record. The said Customary Marriage between Dela Ama Segbefia and Henry Barnes is dissolved effective 2nd February, 2019. I make no award as to cost (SGD) H/H SEDINAM AWO BALOKAH
CIRCUIT COURT JUDGE Comfy*` 2
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.