QUASIE VRS ARTHUR (CCD/C4/03/23) [2023] GHACC 766 (31 October 2023)

QUASIE VRS ARTHUR (CCD/C4/03/23) [2023] GHACC 766 (31 October 2023)

The marriage has broken down beyond reconciliation as evidenced by the parties' separation for more than ten years, irreconcilable differences, and the unchallenged testimony of the petitioner. The customary dissolution is further evidence of the breakdown, but since the marriage was converted to an ordinance marriage, only the court can dissolve it.

Citation
[2023] GHACC 766
Parties
Petitioner: Ernest Meiza Quasie; Respondent: Isaac Kofi Arthur
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
31 October 2023
Case Number
CCD/C4/03/23
Procedural Posture
Divorce Petition / Final Judgment
Outcome
petition granted; marriage dissolved
Legal Topics
Divorce, Matrimonial Causes, Breakdown of Marriage, Customary Marriage, Ordinance Marriage
Source Language
English
Family Law Divorce Matrimonial Causes Breakdown of Marriage Customary Marriage Ordinance Marriage

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Parties

Ernest Meiza Quasie

Petitioner

Isaac Kofi Arthur

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 parties have not lived together as husband and wife for a continuous period of at least five years preceding the petition
  3. 3 Effect of customary dissolution of marriage after conversion to ordinance marriage

Ratio Decidendi

The marriage has broken down beyond reconciliation as evidenced by the parties' separation for more than ten years, irreconcilable differences, and the unchallenged testimony of the petitioner. The customary dissolution is further evidence of the breakdown, but since the marriage was converted to an ordinance marriage, only the court can dissolve it.

Court Disposition

petition granted; marriage dissolved

Orders

  • The marriage celebrated between the parties on 27th October 2005 at the Office of the Principal Registrar of Marriages in Accra is dissolved as of 31st October 2023.