Otabil Vrs Asamoah [2023] GHADC 288 (2 February 2023)

Otabil Vrs Asamoah [2023] GHADC 288 (2 February 2023)

The court found that there were serious, irreconcilable differences between the parties, evidenced by persistent quarrels, mistrust, and separation, which made it impossible for the marriage to continue. The petitioner proved, on a balance of probabilities, that the marriage had broken down beyond reconciliation under section 2(1)(f) of Act 367.

Citation
[2023] GHADC 288
Parties
Petitioner: Margaret Otabil; Respondent: Jerry Bismark Asamoah
Court
District Court
Jurisdiction
Ghana
Judgment Date
2 February 2023
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition allowed; marriage dissolved.
Legal Topics
Dissolution of Marriage, Irreconcilable Differences, Burden of Proof
Source Language
English
Family Law Dissolution of Marriage Irreconcilable Differences Burden of Proof

Case Brief

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Parties

Margaret Otabil

Petitioner

Jerry Bismark Asamoah

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation

Ratio Decidendi

The court found that there were serious, irreconcilable differences between the parties, evidenced by persistent quarrels, mistrust, and separation, which made it impossible for the marriage to continue. The petitioner proved, on a balance of probabilities, that the marriage had broken down beyond reconciliation under section 2(1)(f) of Act 367.

Court Disposition

Petition allowed; marriage dissolved.

Orders

  • The marriage between the Petitioner and the Respondent contracted under the Marriages Act, 1884-1985, Cap 127 is dissolved and the marriage certificate cancelled accordingly.
  • No order as to costs; parties to bear their own costs.