Christiana Naadu Oko Vrs Jerry Kofi Avenor [2022] GHACC 53 (21 October 2022)

Christiana Naadu Oko Vrs Jerry Kofi Avenor [2022] GHACC 53 (21 October 2022)

Both parties failed to prove unreasonable behaviour by the other, but evidence showed they had not lived together, communicated, or had sexual relations for years, and reconciliation attempts failed. This satisfied the court under Section 2(1)(f) of Act 367 that the marriage had broken down beyond reconciliation.

Source-derived case information.

Citation
[2022] GHACC 53
Parties
Petitioner: Christiana Naadu Oko; Respondent: Jerry Kofi Avenor
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
21 October 2022
Procedural Posture
Divorce Petition / Final Judgment
Outcome
Petition and cross-petition for dissolution of marriage granted; marriage dissolved.
Legal Topics
Divorce, Custody of Children, Maintenance, Property Division, Matrimonial Causes
Source Language
english
Family Law Divorce Custody of Children Maintenance Property Division Matrimonial Causes

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Parties

Christiana Naadu Oko

Petitioner

Jerry Kofi Avenor

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation under the Matrimonial Causes Act, 1971 (Act 367)
  2. 2 Whether either party proved unreasonable behaviour as a ground for divorce
  3. 3 Entitlement to custody, maintenance, and property acquired during marriage

Ratio Decidendi

Both parties failed to prove unreasonable behaviour by the other, but evidence showed they had not lived together, communicated, or had sexual relations for years, and reconciliation attempts failed. This satisfied the court under Section 2(1)(f) of Act 367 that the marriage had broken down beyond reconciliation.

Court Disposition

Petition and cross-petition for dissolution of marriage granted; marriage dissolved.

Orders

  • Ordinance marriage between the parties dissolved as of 21st October 2022.
  • Petitioner granted custody of the two children; respondent granted access.