Claudia Boadi Vrs Kobi Jude-hayford [2022] GHACC 252 (18 November 2022)
The marriage is dissolved because the parties have not lived together for more than two years, the petitioner committed adultery, and there are irreconcilable differences, satisfying the statutory grounds for divorce.
Source-derived case information.
- Citation
- [2022] GHACC 252
- Parties
- Petitioner: Claudia Boadi; Respondent: Kobi Jude-Hayford
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 18 November 2022
- Procedural Posture
- Divorce Petition / Judgment
- Outcome
- marriage dissolved
- Legal Topics
- Divorce, Matrimonial Causes, Adultery, Irreconcilable Differences
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Claudia Boadi
Petitioner
Kobi Jude-Hayford
Respondent
Procedural Posture
Divorce Petition / Judgment
Legal Issues
- 1 Whether the marriage has broken down beyond reconciliation under the Matrimonial Causes Act 1971 (Act 367)
- 2 Whether the petitioner committed adultery
- 3 Whether the parties have lived apart for more than two years
Ratio Decidendi
The marriage is dissolved because the parties have not lived together for more than two years, the petitioner committed adultery, and there are irreconcilable differences, satisfying the statutory grounds for divorce.
Court Disposition
marriage dissolved
Orders
- The Ordinance Marriage celebrated on 14th September 2017 is dissolved.
- The Registrar shall issue a Divorce Certificate after canceling the Marriage Certificate (Exhibit A).
Full Case Text
Judgment text and source record
1 paragraphs
IN THE CIRCUIT COURT ‘2’ ADENTAN SITTING BEFORE HER HONOUR SEDINAM AWO BALOKAH (MS) THE PRESIDING JUDGE ON THE 18TH DAY NOVEMBER, 2022 TIME: 1:20 PM C5/021/2022 CLAUDIA BOADI H/NO. BE 105 LASHIBI VRS. SUIT NO. PETITIONER KOBI JUDE – HAYFORD 37 POLICE QUARTERS LICENSING OFFICE CANTONMENTS, ACCRA RESPONDENT Parties Present Mark Zinu Present for Respondent. By Court - Judgment Having read the Pleadings filed by the Parties herein; Having read the witness statement of the Parties and duly considered Exhibit A (the Parties Marriage Certificate); And having given due consideration to all the evidence on record, I am of the considered opinion that the following facts are established per the evidence on record; 1. The fact that the Parties have not lived together as husband and wife for a period of more than 2 years immediately preceding the presentation of the instant Divorce Petition. 2. The fact that the Petitioner has committed adultery as evidenced by her pregnancy for which the Respondent is not responsible. 3. The fact that the Parties have irreconcilable differences, Upon the above facts and in light of Section 2 (1) (a) , (d) and (f) of the Matrimonial Causes Act 1971 (Act 367). I find and hold that the Ordinance Marriage celebrated between the Parties on the 14th day of September 2017 at Teshie – Nungua has broken down beyond reconciliation. I accordingly dissolve the said Ordinance Marriage this 18th day of November 2022. The Registrar of this court shall issue to the Parties a Divorce Certificate after canceling their Marriage Certificate (Exhibit A). I make no award as to cost. (SGD) H/H SEDINAM AWO BALOKAH CIRCUIT COURT JUDGE Comfy* 2