MENSAH VRS OWUSU (A4/ 32/ 2023) [2024] GHADC 167 (31 January 2024)

MENSAH VRS OWUSU (A4/ 32/ 2023) [2024] GHADC 167 (31 January 2024)

The court found that the petitioner failed to prove, on the balance of probabilities, that the marriage had broken down beyond reconciliation as required by Section 2 of the Matrimonial Causes Act, 1971 (Act 367). Allegations of adultery and unreasonable behavior were not substantiated. The court determined that the problems cited were petty and resolvable, and thus refused to grant the decree of dissolution.

Citation
MENSAH VRS OWUSU (A4/ 32/ 2023) [2024] GHADC 167 (31 January 2024)
Parties
Petitioner: Beauty Mensah; Respondent: Michael Fiifi Owusu
Court
ghadc
Jurisdiction
Ghana
Judgment Date
31 January 2024
Procedural Posture
Divorce Petition / Final Judgment
Outcome
petition dismissed
Legal Topics
Divorce, Matrimonial Causes, Burden of Proof, Irretrievable Breakdown of Marriage
Source Language
eng
Family Law Divorce Matrimonial Causes Burden of Proof Irretrievable Breakdown of Marriage

Case Brief

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Parties

Beauty Mensah

Petitioner

Michael Fiifi Owusu

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has broken down beyond reconciliation under Section 2 of the Matrimonial Causes Act, 1971 (Act 367)
  2. 2 Whether the respondent committed adultery
  3. 3 Whether the petitioner is entitled to recovery of GHC16,500.00

Ratio Decidendi

The court found that the petitioner failed to prove, on the balance of probabilities, that the marriage had broken down beyond reconciliation as required by Section 2 of the Matrimonial Causes Act, 1971 (Act 367). Allegations of adultery and unreasonable behavior were not substantiated. The court determined that the problems cited were petty and resolvable, and thus refused to grant the decree of dissolution.

Court Disposition

petition dismissed

Orders

  • No order as to costs. Each party to bear their own costs.