DIANA SAM OTOO VRS OTHNIEL TORSU (C5/312/2020) [2022] GHACC 353 (20 January 2022)

DIANA SAM OTOO VRS OTHNIEL TORSU (C5/312/2020) [2022] GHACC 353 (20 January 2022)

The marriage was dissolved as both parties’ evidence established irretrievable breakdown beyond reconciliation. Custody was shared according to the status quo, with each party maintaining the children in their care. Claims for recovery of loan and lump sum financial provision were dismissed due to lack of evidence and to protect the welfare of the children.

Citation
[2022] GHACC 353
Parties
Petitioner: Diana Sam Otoo; Respondent: Othniel Torsu
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
20 January 2022
Case Number
C5/312/2020
Procedural Posture
Divorce Petition and Cross Petition / Final Judgment
Outcome
Marriage dissolved; custody and maintenance orders issued; financial claims dismissed.
Legal Topics
Divorce, Custody, Maintenance, Financial Provision
Source Language
English
Family Law Divorce Custody Maintenance Financial Provision

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Parties

Diana Sam Otoo

Petitioner

Othniel Torsu

Respondent

Procedural Posture

Divorce Petition and Cross Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Custody and maintenance of the children
  3. 3 Entitlement to recovery of loan amount and interest

Ratio Decidendi

The marriage was dissolved as both parties’ evidence established irretrievable breakdown beyond reconciliation. Custody was shared according to the status quo, with each party maintaining the children in their care. Claims for recovery of loan and lump sum financial provision were dismissed due to lack of evidence and to protect the welfare of the children.

Court Disposition

Marriage dissolved; custody and maintenance orders issued; financial claims dismissed.

Orders

  • Marriage between the parties is dissolved.
  • Petitioner to keep the last child; respondent to keep the other two children; both parties to have reasonable access.