Fauzia Amade Vrs Michael Mustapha Adam [2023] GHACC 68 (25 July 2023)

The marriage between the parties is void because the respondent was already in a subsisting marriage at the time of the Ordinance marriage, which is prohibited by law.

Citation: [2023] GHACC 68
Parties: Petitioner: Fauzia Amadu; Respondent: Michael Mustapha Adam
Court: Circuit Court
Jurisdiction: Ghana
Judgment Date: 25 July 2023
Procedural Posture: Petition for Nullification of Marriage / Judgment
Outcome: petition for nullification of marriage granted
Legal Topics: Nullity of Marriage, Bigamy, Matrimonial Causes
Source Language: English

Family Law Nullity of Marriage Bigamy Matrimonial Causes

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2

Parties

Fauzia Amadu

Petitioner

Michael Mustapha Adam

Respondent

Procedural Posture

Petition for Nullification of Marriage / Judgment

Legal Issues

1 Whether the marriage between the parties can be nullified due to the respondent's subsisting prior marriage

Ratio Decidendi

The marriage between the parties is void because the respondent was already in a subsisting marriage at the time of the Ordinance marriage, which is prohibited by law.

Court Disposition

petition for nullification of marriage granted

Orders

Decree of nullity granted for the Ordinance marriage celebrated between the parties at the Holy Cross Catholic Church, Tamale on 22nd December, 2017.
Petitioner to present the original copy of the Marriage Certificate for cancellation by the Registrar of the Court.