Orlando Kwaku Appiah Vrs Naomi Lartey [2022] GHACC 88 (28 December 2022)

Orlando Kwaku Appiah Vrs Naomi Lartey [2022] GHACC 88 (28 December 2022)

The petitioner proved on a balance of probabilities that the respondent's conduct constituted unreasonable behaviour, making it unreasonable to expect the petitioner to continue living with her. The marriage has broken down beyond reconciliation. Custody of the three children is awarded to the respondent, considering their welfare and continuity of care, with reasonable access to the petitioner.

Citation
[2022] GHACC 88
Parties
Petitioner: Orlando Kwaku Appiah; Respondent: Naomi Lartey
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
28 December 2022
Procedural Posture
Divorce Petition / Final Judgment
Outcome
Petition for divorce granted; custody of children awarded to respondent; maintenance and access orders issued.
Legal Topics
Divorce, Child Custody, Maintenance, Naming and Registration of Child
Source Language
English
Family Law Divorce Child Custody Maintenance Naming and Registration of Child

Case Brief

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Parties

Orlando Kwaku Appiah

Petitioner

Naomi Lartey

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the petitioner and respondent has broken down beyond reconciliation
  2. 2 Whether the petitioner is entitled to custody of the first two children of the marriage with reasonable access to the respondent

Ratio Decidendi

The petitioner proved on a balance of probabilities that the respondent's conduct constituted unreasonable behaviour, making it unreasonable to expect the petitioner to continue living with her. The marriage has broken down beyond reconciliation. Custody of the three children is awarded to the respondent, considering their welfare and continuity of care, with reasonable access to the petitioner.

Court Disposition

Petition for divorce granted; custody of children awarded to respondent; maintenance and access orders issued.

Orders

  • Decree for dissolution of marriage celebrated on 8th August, 2011 at Tema Metropolitan Assembly.
  • Petitioner to present original marriage certificate for cancellation by Registrar.