ANNING VRS OKAI (C5/77/2024) [2024] GHACC 184 (16 February 2024)

ANNING VRS OKAI (C5/77/2024) [2024] GHACC 184 (16 February 2024)

The marriage has broken down beyond reconciliation due to respondent's persistent unreasonable behaviour, including dishonesty, fraud, lack of financial support, and harassment. Petitioner provided unchallenged evidence. Custody and maintenance orders are made in the best interests of the children. Respondent is ordered to vacate the matrimonial home, but the court cannot settle the property in favour of petitioner or children due to third-party claims.

Citation
ANNING VRS OKAI (C5/77/2024) [2024] GHACC 184 (16 February 2024)
Parties
Petitioner: Victoria Anning; Respondent: Jerry Okai
Court
ghacc
Jurisdiction
Ghana
Judgment Date
16 February 2024
Procedural Posture
Matrimonial Cause (divorce and Ancillary Reliefs) / Final Judgment
Outcome
Marriage dissolved; custody and maintenance orders granted; respondent ordered to vacate matrimonial home; property settlement denied.
Legal Topics
Divorce, Custody, Maintenance, Property Settlement
Source Language
eng
Family Law Divorce Custody Maintenance Property Settlement

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Parties

Victoria Anning

Petitioner

Jerry Okai

Respondent

Procedural Posture

Matrimonial Cause (divorce and Ancillary Reliefs) / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation under the Matrimonial Causes Act, 1971 Act 367
  2. 2 Custody and maintenance of children
  3. 3 Settlement of matrimonial property

Ratio Decidendi

The marriage has broken down beyond reconciliation due to respondent's persistent unreasonable behaviour, including dishonesty, fraud, lack of financial support, and harassment. Petitioner provided unchallenged evidence. Custody and maintenance orders are made in the best interests of the children. Respondent is ordered to vacate the matrimonial home, but the court cannot settle the property in favour of petitioner or children due to third-party claims.

Court Disposition

Marriage dissolved; custody and maintenance orders granted; respondent ordered to vacate matrimonial home; property settlement denied.

Orders

  • Marriage between parties dissolved forthwith.
  • Custody of three children granted to petitioner with reasonable access to respondent.