Ghana Judgment

ghacc

REVEREND ERNEST YAW AGYEMANG (C5/258/2022) [2023] GHACC 1109 (20 January 2023)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The marriage has broken down beyond reconciliation; the terms of settlement are adopted as the judgment of the court.

Court disposition

petition granted; marriage dissolved

Orders

  • Marriage between the petitioner and respondent is dissolved.
  • Terms of settlement filed by the parties are adopted as the judgment of the court.
  • No order as to cost.

02

Material facts

Parties

Reverend Ernest Yaw Agyemang

Petitioner

Mary Agyemang

Respondent

03

Procedural history

  1. Posture

    Divorce Petition / Final Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The marriage has broken down beyond reconciliation and should be dissolved.
Respondent
Filed an answer and cross-petition; parties subsequently agreed on terms regarding ancillary reliefs.

05

Court’s reasoning

  1. 01

    Marriage Ordinance, Ghana

    Marriage may be dissolved if it has broken down beyond reconciliation.

06

Ratio, limits and disposition

Ratio decidendi

The marriage has broken down beyond reconciliation; the terms of settlement are adopted as the judgment of the court.

Court disposition

petition granted; marriage dissolved

  • Marriage between the petitioner and respondent is dissolved.
  • Terms of settlement filed by the parties are adopted as the judgment of the court.
  • No order as to cost.

Source and reliance status

ghacc · 20 January 2023

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Judgment reading view

Judgment text

The complete available source text.

Source document

ghacc

Judgment· 20 January 2023

REVEREND ERNEST YAW AGYEMANG (C5/258/2022) [2023] GHACC 1109 (20 January 2023)

IN THE CIRCUIT COURT OF GHANA HELD IN ACCRA ON TUESDAY, 20TH DAY OF JANUARY 2023 BEFORE HIS HONOUR KWABENA KODUA OBIRI-YEBOAH, CIRCUIT COURT JUDGE REVEREND ERNEST YAW AGYEMANG- PETITIONER CASE NO. C5/358/2022

VS

MARY AGYEMANG -- RESPONDENT =======================================================

J U D G M E N T ======================================================= The Petitioner issued a petition from the Registry of this court on the 27th July 2022 seeking dissolution of his marriage to the Respondent. The marriage was celebrated on the 4th October 2008 under the marriage ordinance at the Bible Baptist Church, Buokrom Estate Branch, Buokrom Kumasi The parties after the marriage cohabited at Dansoman, Accra Kasoa and back to Dansoman. The Respondent upon the service of the petition filed an answer and cross petitioned which was filed on 11th day of August 2022 and this was after she had filed an appearance. The Petitioner filed a reply on 3rd day of October 2022 before the court. In the course of the life of the Petition before the court, the parties were able to agree on terms with respect to the ancillary reliefs and same filed before the court. 1 On this day, the court has had the opportunity to hear the parties and come to the conclusion that the marriage has broken down beyond reconciliation and therefore the marriage, which was celebrated at Bible Baptist Church, Buokrom Branch, Kumasi is hereby dissolved in favour of the Petitioner. The terms of settlement filed by the parties is hereby adopted as the judgment of the court. No order as to cost SGD HIS HONOUR KWABENA KODUA OBIRI- YEBOAH, CIRCUIT COURT JUDGE 2

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Marriage Ordinance, Ghana

Legislation

Legislation referenced in the available case record.

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