Awotwe Vrs Ninson [2023] GHADC 289 (11 January 2023)

Awotwe Vrs Ninson [2023] GHADC 289 (11 January 2023)

The petitioner proved, on a balance of probabilities, that the respondent deserted her for at least two years and committed adultery, satisfying the grounds for dissolution of marriage under Section 2(1)(a) and (c) of Act 367. The respondent's failure to appear or contest the petition amounted to admission of the allegations. The marriage was found to have broken down beyond reconciliation and was dissolved.

Citation
Awotwe Vrs Ninson [2023] GHADC 289 (11 January 2023)
Parties
Petitioner: Monica Awotwe; Respondent: Isaac Ninson
Court
ghadc
Jurisdiction
Ghana
Judgment Date
11 January 2023
Procedural Posture
Divorce Petition / Final Judgment
Outcome
Petition granted. Marriage dissolved.
Legal Topics
Dissolution of Marriage, Custody of Children, Desertion, Adultery, Burden of Proof
Source Language
eng
Family Law Dissolution of Marriage Custody of Children Desertion Adultery Burden of Proof

Case Brief

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Parties

Monica Awotwe

Petitioner

Isaac Ninson

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation
  2. 2 Whether the respondent deserted the petitioner for a continuous period of at least two years
  3. 3 Whether the respondent committed adultery

Ratio Decidendi

The petitioner proved, on a balance of probabilities, that the respondent deserted her for at least two years and committed adultery, satisfying the grounds for dissolution of marriage under Section 2(1)(a) and (c) of Act 367. The respondent's failure to appear or contest the petition amounted to admission of the allegations. The marriage was found to have broken down beyond reconciliation and was dissolved.

Court Disposition

Petition granted. Marriage dissolved.

Orders

  • The marriage between Monica Awotwe and Isaac Ninson is dissolved.
  • The marriage certificate is cancelled.