Christiana Fofie Vrs Mathew Owusu [2021] GHACC 1 (17 March 2021)

Christiana Fofie Vrs Mathew Owusu [2021] GHACC 1 (17 March 2021)

The court found that the customary marriage was dissolved by the families in 2015, and the 15-room matrimonial home was jointly acquired and should be held in a 1:2 ratio in favour of Respondent. Petitioner failed to justify a lump sum financial settlement or maintenance for the last child, who is now an adult. Respondent is to bear educational expenses for the last child if still in tertiary education.

Citation
[2021] GHACC 1
Parties
Petitioner: Christiana Fofie; Respondent: Mathew Owusu
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
17 March 2021
Procedural Posture
Matrimonial/divorce Petition / Judgment
Outcome
Petition dismissed as marriage already dissolved; property and educational orders made.
Legal Topics
Customary Marriage Dissolution, Matrimonial Property, Maintenance, Financial Provision
Source Language
English
Family Law Customary Marriage Dissolution Matrimonial Property Maintenance Financial Provision

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Parties

Christiana Fofie

Petitioner

Mathew Owusu

Respondent

Procedural Posture

Matrimonial/divorce Petition / Judgment

Legal Issues

  1. 1 Whether the customary marriage between the parties was dissolved in 2015
  2. 2 Whether the Petitioner is entitled to 50% share of the matrimonial home and residential complex
  3. 3 Whether the Petitioner is entitled to a lump sum financial settlement

Ratio Decidendi

The court found that the customary marriage was dissolved by the families in 2015, and the 15-room matrimonial home was jointly acquired and should be held in a 1:2 ratio in favour of Respondent. Petitioner failed to justify a lump sum financial settlement or maintenance for the last child, who is now an adult. Respondent is to bear educational expenses for the last child if still in tertiary education.

Court Disposition

Petition dismissed as marriage already dissolved; property and educational orders made.

Orders

  • Declaration that no marriage subsists between the parties to be dissolved by the court.
  • The 15 rooms at Panbros are jointly acquired property held in the ratio 1:2 by Petitioner and Respondent respectively.