Boamah Vrs Nimo [2023] GHADC 467 (31 May 2023)

Boamah Vrs Nimo [2023] GHADC 467 (31 May 2023)

The marriage has broken down beyond reconciliation due to mutual unreasonable behaviour and desertion. Custody is awarded to the petitioner in the best interest of the children. Maintenance is set at GHS650 per child per month, with respondent to pay school fees, medical bills, and two years’ rent. Jointly acquired properties are to be valued, sold, and proceeds shared equally.

Citation
[2023] GHADC 467
Parties
Petitioner: Erica Naana Boamah; Respondent: Isaac Kwaku Nimo
Court
District Court
Jurisdiction
Ghana
Judgment Date
31 May 2023
Procedural Posture
Divorce Petition / Judgment
Outcome
petition allowed in part
Legal Topics
Dissolution of Marriage, Custody of Children, Maintenance, Property Settlement
Source Language
English
Family Law Dissolution of Marriage Custody of Children Maintenance Property Settlement

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Parties

Erica Naana Boamah

Petitioner

Isaac Kwaku Nimo

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation under the Matrimonial Causes Act, 1971 (Act 367)
  2. 2 Entitlement to custody of the children
  3. 3 Assessment of maintenance and arrears

Ratio Decidendi

The marriage has broken down beyond reconciliation due to mutual unreasonable behaviour and desertion. Custody is awarded to the petitioner in the best interest of the children. Maintenance is set at GHS650 per child per month, with respondent to pay school fees, medical bills, and two years’ rent. Jointly acquired properties are to be valued, sold, and proceeds shared equally.

Court Disposition

petition allowed in part

Orders

  • Marriage dissolved; divorce certificate to issue.
  • Custody of children to petitioner; respondent granted reasonable access.