Aklaku Vrs Aklaku [2023] GHADC 345 (19 January 2023)

Aklaku Vrs Aklaku [2023] GHADC 345 (19 January 2023)

The petitioner established that the respondent's conduct made it unreasonable to expect her to continue living with him, satisfying Section 2(1)(b) of the Matrimonial Causes Act. Failed reconciliation attempts were proven. Both parties contributed to the acquisition and development of matrimonial property, justifying equal distribution.

Citation
Aklaku Vrs Aklaku [2023] GHADC 345 (19 January 2023)
Parties
Petitioner: Gifty Aklaku; Respondent: Kwabena Aklaku
Court
ghadc
Jurisdiction
Ghana
Judgment Date
19 January 2023
Procedural Posture
Divorce Petition / Final Judgment
Outcome
petition granted; marriage dissolved
Legal Topics
Divorce, Matrimonial Property, Distribution of Property, Grounds for Dissolution of Marriage
Source Language
eng
Family Law Divorce Matrimonial Property Distribution of Property Grounds for Dissolution of Marriage

Case Brief

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Parties

Gifty Aklaku

Petitioner

Kwabena Aklaku

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation under the Matrimonial Causes Act, 1971 (Act 367)
  2. 2 Whether the petitioner is entitled to a share of the matrimonial property

Ratio Decidendi

The petitioner established that the respondent's conduct made it unreasonable to expect her to continue living with him, satisfying Section 2(1)(b) of the Matrimonial Causes Act. Failed reconciliation attempts were proven. Both parties contributed to the acquisition and development of matrimonial property, justifying equal distribution.

Court Disposition

petition granted; marriage dissolved

Orders

  • Marriage between the parties is dissolved.
  • Rooms in the matrimonial home to be shared equally: one bedroom, two kitchens, and the toilet to the petitioner; the other room and hall to the respondent; both to use the water tank.