Pamusah Vrs Sharbu [2023] GHADC 126 (30 March 2023)

Pamusah Vrs Sharbu [2023] GHADC 126 (30 March 2023)

The marriage was found to have broken down beyond reconciliation due to the Respondent's conduct, including expelling the Petitioner from the matrimonial home, persistent maltreatment, and denial of conjugal rights. The Petitioner was entitled to alimony, a share of marital property, and custody of the children based on her contributions and the best interests of the children.

Citation
[2023] GHADC 126
Parties
Petitioner: Janet Pamusah; Respondent: Kofi Shaibu
Court
District Court
Jurisdiction
Ghana
Judgment Date
30 March 2023
Procedural Posture
Matrimonial Cause / Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Alimony, Custody, Property Division, Maintenance
Source Language
English
Family Law Divorce Alimony Custody Property Division Maintenance

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Parties

Janet Pamusah

Petitioner

Kofi Shaibu

Respondent

Procedural Posture

Matrimonial Cause / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Whether the matrimonial two bedroom house was jointly acquired property with proceeds from the beer bar
  3. 3 Whether the Petitioner assisted the Respondent to cultivate a cocoa farm

Ratio Decidendi

The marriage was found to have broken down beyond reconciliation due to the Respondent's conduct, including expelling the Petitioner from the matrimonial home, persistent maltreatment, and denial of conjugal rights. The Petitioner was entitled to alimony, a share of marital property, and custody of the children based on her contributions and the best interests of the children.

Court Disposition

petition allowed; marriage dissolved

Orders

  • Respondent to pay alimony of GHc20,000.00 to Petitioner
  • Respondent to give 1/3 share of cocoa farm to Petitioner