ERNEST KOBBIE OWUSU VRS MABEL ADEI KOTEY (C5/115/2023) [2023] GHACC 1118 (7 June 2023)

ERNEST KOBBIE OWUSU VRS MABEL ADEI KOTEY (C5/115/2023) [2023] GHACC 1118 (7 June 2023)

The respondent's failure to participate or contest the allegations led the court to accept the petitioner's claims as established, finding that the marriage had broken down beyond reconciliation and should be dissolved.

Citation
[2023] GHACC 1118
Parties
Petitioner: Ernest Kobbie Owusu; Respondent: Mabel Adei Kotey
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
7 June 2023
Case Number
C5/115/2023
Procedural Posture
Divorce / Judgment
Outcome
petition granted
Legal Topics
Divorce, Custody
Source Language
English
Family Law Divorce Custody

Case Brief

Summary, issues, holding and outcome

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Parties

Ernest Kobbie Owusu

Petitioner

Mabel Adei Kotey

Respondent

Procedural Posture

Divorce / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation under Section 1(2) of the Matrimonial Cause Act, Act 367
  2. 2 Whether custody of the children should be granted to the petitioner

Ratio Decidendi

The respondent's failure to participate or contest the allegations led the court to accept the petitioner's claims as established, finding that the marriage had broken down beyond reconciliation and should be dissolved.

Court Disposition

petition granted

Orders

  • Marriage dissolved
  • Custody of the children granted to petitioner