KYERE VRS KWAA (C4/10/2023) [2024] GHACC 102 (2 February 2024)

KYERE VRS KWAA (C4/10/2023) [2024] GHACC 102 (2 February 2024)

The marriage has broken down beyond reconciliation due to the respondent's desertion for over eight years and her conduct in returning the customary marriage drinks, satisfying the statutory grounds under Act 367.

Citation
KYERE VRS KWAA (C4/10/2023) [2024] GHACC 102 (2 February 2024)
Parties
Petitioner: Kyere Kwabena; Respondent: Juliana Kwaa
Court
ghacc
Jurisdiction
Ghana
Judgment Date
2 February 2024
Procedural Posture
Divorce Petition / Final Judgment
Outcome
marriage dissolved
Legal Topics
Divorce, Matrimonial Causes, Desertion, Breakdown of Marriage
Source Language
eng
Family Law Divorce Matrimonial Causes Desertion Breakdown of Marriage

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Parties

Kyere Kwabena

Petitioner

Juliana Kwaa

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation within the meaning of section 1(2) of the Matrimonial Causes Act, 1971 (Act 367)
  2. 2 Whether the respondent's desertion and return of customary drinks constitute grounds for dissolution under the ordinance

Ratio Decidendi

The marriage has broken down beyond reconciliation due to the respondent's desertion for over eight years and her conduct in returning the customary marriage drinks, satisfying the statutory grounds under Act 367.

Court Disposition

marriage dissolved

Orders

  • The marriage between the parties is hereby dissolved.