Ankomah Vrs Gyawu [2023] GHADC 626 (30 May 2023)

Ankomah Vrs Gyawu [2023] GHADC 626 (30 May 2023)

The petitioner proved on a balance of probabilities that the marriage was not consummated, rendering it voidable under Section 13(1)(2)(a) of Act 367, and the respondent did not contest or cross-examine the evidence.

Citation
[2023] GHADC 626
Parties
Petitioner: Emmanuel Kusi Ankomah; Respondent: Ophelia Baffour Gyawu
Court
District Court
Jurisdiction
Ghana
Judgment Date
30 May 2023
Procedural Posture
Divorce/nullity Petition / Final Judgment
Outcome
petition granted; marriage annulled
Legal Topics
Nullity of Marriage, Non Consummation, Burden of Proof
Source Language
English
Family Law Nullity of Marriage Non Consummation Burden of Proof

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Parties

Emmanuel Kusi Ankomah

Petitioner

Ophelia Baffour Gyawu

Respondent

Procedural Posture

Divorce/nullity Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation
  2. 2 Whether the marriage was consummated
  3. 3 Whether the marriage is voidable for non-consummation

Ratio Decidendi

The petitioner proved on a balance of probabilities that the marriage was not consummated, rendering it voidable under Section 13(1)(2)(a) of Act 367, and the respondent did not contest or cross-examine the evidence.

Court Disposition

petition granted; marriage annulled

Orders

  • The Ordinance Marriage between Emmanuel Kusi Ankomah and Ophelia Baffour Gyawu celebrated on 10th August, 2021 is annulled.
  • Cancellation of the marriage certificate issued.