OFORI VRS PORTUPHY (C5/2/22) [2023] GHACC 890 (26 October 2023)

OFORI VRS PORTUPHY (C5/2/22) [2023] GHACC 890 (26 October 2023)

The petitioner proved on a balance of probabilities that the respondent behaved in a manner that she could not reasonably be expected to live with him, and the parties have not lived together as husband and wife for at least two years preceding the petition. The respondent's lack of opposition and implied consent further supported dissolution under the Matrimonial Causes Act, 1971 (Act 367).

Citation
[2023] GHACC 890
Parties
Petitioner: Cynthia Ofori; Respondent: Isaac Portuphy
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
26 October 2023
Case Number
C5/2/22
Procedural Posture
Divorce Petition / Judgment
Outcome
petition granted; marriage dissolved
Legal Topics
Divorce, Matrimonial Causes, Dissolution of Marriage
Source Language
English
Family Law Divorce Matrimonial Causes Dissolution of Marriage

Case Brief

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Parties

Cynthia Ofori

Petitioner

Isaac Portuphy

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation

Ratio Decidendi

The petitioner proved on a balance of probabilities that the respondent behaved in a manner that she could not reasonably be expected to live with him, and the parties have not lived together as husband and wife for at least two years preceding the petition. The respondent's lack of opposition and implied consent further supported dissolution under the Matrimonial Causes Act, 1971 (Act 367).

Court Disposition

petition granted; marriage dissolved

Orders

  • The marriage between the parties celebrated under the marriage ordinance is dissolved and cancelled.
  • No order as to costs.