Ashun Vrs Mensa [2022] GHACC 202 (24 November 2022)
The marriage was dissolved on the basis that the parties had not lived as husband and wife for a continuous period of at least five years immediately preceding the petition, as admitted by both parties and proven under s.2(1)(e) of Act 367.
Source-derived case information.
- Citation
- [2022] GHACC 202
- Parties
- Petitioner: Daphne Ashun; Respondent: Kwame Mensa
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 24 November 2022
- Procedural Posture
- Divorce Petition / Final Judgment
- Outcome
- petition for divorce granted; marriage dissolved
- Legal Topics
- Divorce, Matrimonial Causes, Child Custody, Maintenance, Admissions in Pleadings
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daphne Ashun
Petitioner
Kwame Mensa
Respondent
Procedural Posture
Divorce Petition / Final Judgment
Legal Issues
- 1 Whether the marriage has broken down beyond reconciliation under s.2(1)(e) of the Matrimonial Causes Act, 1971 (Act 367)
- 2 Whether the parties have lived apart for at least five years
- 3 Whether allegations of adultery and unreasonable behavior require determination
Ratio Decidendi
The marriage was dissolved on the basis that the parties had not lived as husband and wife for a continuous period of at least five years immediately preceding the petition, as admitted by both parties and proven under s.2(1)(e) of Act 367.
Court Disposition
petition for divorce granted; marriage dissolved
Orders
- Marriage between Daphne Ashun and Kwame Mensa dissolved
- Custody of the only child granted to the petitioner with respondent having reasonable access
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