Amoah Vrs Opoku [2023] GHACC 396 (27 January 2023)

Amoah Vrs Opoku [2023] GHACC 396 (27 January 2023)

Petitioner failed to establish grounds for nullity under section 13(2) MCA as the law applies only where the respondent (woman) is pregnant by another man at the time of marriage. However, sufficient evidence was adduced to prove unreasonable behaviour by the respondent, making it unreasonable for the petitioner to continue living with him. The marriage has broken down beyond reconciliation and is dissolved.

Citation
Amoah Vrs Opoku [2023] GHACC 396 (27 January 2023)
Parties
Petitioner: Abigail Yeboah Amoah; Respondent: Matthew Opoku
Court
ghacc
Jurisdiction
Ghana
Judgment Date
27 January 2023
Procedural Posture
Matrimonial Cause / Final Judgment
Outcome
marriage dissolved
Legal Topics
Nullity of Marriage, Dissolution of Marriage, Unreasonable Behaviour
Source Language
eng
Family Law Nullity of Marriage Dissolution of Marriage Unreasonable Behaviour

Case Brief

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Parties

Abigail Yeboah Amoah

Petitioner

Matthew Opoku

Respondent

Procedural Posture

Matrimonial Cause / Final Judgment

Legal Issues

  1. 1 Whether the marriage is voidable and can be declared a nullity
  2. 2 Whether the marriage has broken down beyond reconciliation

Ratio Decidendi

Petitioner failed to establish grounds for nullity under section 13(2) MCA as the law applies only where the respondent (woman) is pregnant by another man at the time of marriage. However, sufficient evidence was adduced to prove unreasonable behaviour by the respondent, making it unreasonable for the petitioner to continue living with him. The marriage has broken down beyond reconciliation and is dissolved.

Court Disposition

marriage dissolved

Orders

  • ordinance marriage CAP 127 between the parties is dissolved forthwith
  • no order as to cost