Hayford Vrs Ghanney [2023] GHADC 63 (31 May 2023)

Hayford Vrs Ghanney [2023] GHADC 63 (31 May 2023)

The marriage has broken down beyond reconciliation due to the respondent's unreasonable behaviour, including physical and verbal abuse, justifying the petitioner's departure from the matrimonial home. The petitioner is entitled to alimony but not to compensation for the house, as it is not matrimonial property.

Citation
[2023] GHADC 63
Parties
Petitioner: Racheal Hayford; Respondent: Matthew Austin Ghanney
Court
District Court
Jurisdiction
Ghana
Judgment Date
31 May 2023
Procedural Posture
Divorce Petition / Final Judgment
Outcome
petition allowed; marriage dissolved
Legal Topics
Divorce, Alimony, Matrimonial Property, Domestic Violence
Source Language
English
Family Law Divorce Alimony Matrimonial Property Domestic Violence

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Parties

Racheal Hayford

Petitioner

Matthew Austin Ghanney

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation due to unreasonable behaviour of the respondent
  2. 2 Whether the petitioner is entitled to alimony and compensation for contribution to property

Ratio Decidendi

The marriage has broken down beyond reconciliation due to the respondent's unreasonable behaviour, including physical and verbal abuse, justifying the petitioner's departure from the matrimonial home. The petitioner is entitled to alimony but not to compensation for the house, as it is not matrimonial property.

Court Disposition

petition allowed; marriage dissolved

Orders

  • Decree of divorce granted; marriage certificate cancelled
  • Respondent to pay GH₵6,000 as alimony to petitioner within 5 months