Owiafe v Baah (EAS/NW/CC/C4/05/2025) [2025] GHACC 58 (5 March 2025)

Owiafe v Baah (EAS/NW/CC/C4/05/2025) [2025] GHACC 58 (5 March 2025)

The marriage has broken down beyond reconciliation due to desertion by the petitioner, lack of cohabitation for over two years, and inability to reconcile differences, all of which were proved by the respondent and admitted by the petitioner. The parties consented to divorce and filed terms of settlement, which the court adopted as consent judgment.

Citation
[2025] GHACC 58
Parties
Petitioner: Daniel Owiafe; Respondent: Mercy Baah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
5 March 2025
Case Number
EAS/NW/CC/C4/05/2025
Procedural Posture
Divorce Petition / Final Judgment
Outcome
Petition for dissolution of marriage granted; marriage dissolved.
Legal Topics
Divorce, Custody, Maintenance, Alimony, Matrimonial Causes
Source Language
English
Family Law Divorce Custody Maintenance Alimony Matrimonial Causes

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Parties

Daniel Owiafe

Petitioner

Mercy Baah

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation
  2. 2 Whether the petitioner or respondent has proved grounds for dissolution of marriage
  3. 3 Custody and maintenance of children

Ratio Decidendi

The marriage has broken down beyond reconciliation due to desertion by the petitioner, lack of cohabitation for over two years, and inability to reconcile differences, all of which were proved by the respondent and admitted by the petitioner. The parties consented to divorce and filed terms of settlement, which the court adopted as consent judgment.

Court Disposition

Petition for dissolution of marriage granted; marriage dissolved.

Orders

  • Ordinance marriage celebrated on 29th January 2014 at the District Court, Nsawam is dissolved as having broken down beyond reconciliation.
  • Marriage Certificate numbered 17/14 is cancelled.