VIVIAN BANINI VRS KOBBU DUAH (C5/176/2020) [2022] GHACC 354 (23 September 2022)

VIVIAN BANINI VRS KOBBU DUAH (C5/176/2020) [2022] GHACC 354 (23 September 2022)

Marriage dissolved as evidence showed breakdown beyond reconciliation under Act 367, section 2(e) and (f). Maintenance and custody granted to petitioner, alimony awarded based on respondent's earning capacity, legal fees claim dismissed for lack of proof.

Citation
VIVIAN BANINI VRS KOBBU DUAH (C5/176/2020) [2022] GHACC 354 (23 September 2022)
Parties
Petitioner: Vivian Banini; Respondent: Kobby Duah
Court
ghacc
Jurisdiction
Ghana
Judgment Date
23 September 2022
Procedural Posture
Divorce Petition / Final Judgment
Outcome
marriage dissolved
Legal Topics
Divorce, Maintenance, Custody, Alimony
Source Language
eng
Family Law Divorce Maintenance Custody Alimony

Case Brief

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Parties

Vivian Banini

Petitioner

Kobby Duah

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Entitlement to maintenance and custody of children
  3. 3 Claim for alimony

Ratio Decidendi

Marriage dissolved as evidence showed breakdown beyond reconciliation under Act 367, section 2(e) and (f). Maintenance and custody granted to petitioner, alimony awarded based on respondent's earning capacity, legal fees claim dismissed for lack of proof.

Court Disposition

marriage dissolved

Orders

  • Marriage certificate cancelled and divorce certificate issued
  • Custody of children granted to petitioner with reasonable access to respondent