GYINAA VRS YAW (BR/DR/DC/A4/13/2022) [2024] GHADC 238 (27 August 2024)
The marriage has broken down beyond reconciliation as evidenced by desertion, failed reconciliation, and customary dissolution. The four-bedroom house was acquired during marriage with the petitioner's substantial contribution, entitling her to a share. The petitioner is entitled to a lump sum financial provision considering her unemployment and the respondent's income. Custody and maintenance arrangements are made in the best interests of the children.
- Citation
- GYINAA VRS YAW (BR/DR/DC/A4/13/2022) [2024] GHADC 238 (27 August 2024)
- Parties
- Petitioner: Diana Gyinaa; Respondent: Patrick Asi Yaw
- Court
- ghadc
- Jurisdiction
- Ghana
- Judgment Date
- 27 August 2024
- Procedural Posture
- Divorce Petition / Final Judgment
- Outcome
- Petition granted; marriage dissolved; property and financial orders made.
- Legal Topics
- Dissolution of Marriage, Division of Matrimonial Property, Alimony, Child Custody, Child Maintenance
- Source Language
- eng
Case Brief
Summary, issues, holding and outcome
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Parties
Diana Gyinaa
Petitioner
Patrick Asi Yaw
Respondent
Procedural Posture
Divorce Petition / Final Judgment
Legal Issues
- 1 Whether the marriage has broken down beyond reconciliation
- 2 Whether the four-bedroom house was jointly acquired and subject to equitable distribution
- 3 Whether the petitioner is entitled to alimony
Ratio Decidendi
The marriage has broken down beyond reconciliation as evidenced by desertion, failed reconciliation, and customary dissolution. The four-bedroom house was acquired during marriage with the petitioner's substantial contribution, entitling her to a share. The petitioner is entitled to a lump sum financial provision considering her unemployment and the respondent's income. Custody and maintenance arrangements are made in the best interests of the children.
Court Disposition
Petition granted; marriage dissolved; property and financial orders made.
Orders
- Marriage between the parties dissolved and marriage certificate cancelled.
- Petitioner awarded two rooms out of the four-bedroom house at Kwameseikrom.
Full Case Text
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