Tetteh Vrs Tetteh [2022] GHADC 134 (3 November 2022)

Tetteh Vrs Tetteh [2022] GHADC 134 (3 November 2022)

The marriage between the parties is a customary marriage, not ordinance; it has broken down beyond reconciliation due to maltreatment and separation; properties acquired during concubinage are not subject to spousal property division; the petitioner is entitled to compensation, custody, and maintenance for the children.

Citation
[2022] GHADC 134
Parties
Petitioner: Esther Dede Mawuko Tetteh; Respondent: Joseph Tetteh
Court
District Court
Jurisdiction
Ghana
Judgment Date
3 November 2022
Procedural Posture
Divorce Petition / Judgment
Outcome
customary marriage dissolved
Legal Topics
Dissolution of Marriage, Matrimonial Property, Child Custody, Maintenance, Customary Marriage
Source Language
English
Family Law Dissolution of Marriage Matrimonial Property Child Custody Maintenance Customary Marriage

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Parties

Esther Dede Mawuko Tetteh

Petitioner

Joseph Tetteh

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties is a customary marriage
  2. 2 Whether the marriage has broken down beyond reconciliation
  3. 3 Whether the petitioner is entitled to a share of matrimonial property acquired during concubinage

Ratio Decidendi

The marriage between the parties is a customary marriage, not ordinance; it has broken down beyond reconciliation due to maltreatment and separation; properties acquired during concubinage are not subject to spousal property division; the petitioner is entitled to compensation, custody, and maintenance for the children.

Court Disposition

customary marriage dissolved

Orders

  • Respondent to pay GH₵20,000.00 compensation to petitioner
  • Custody of children granted to petitioner with reasonable access to respondent