KWAKYEWAA VRS ASIAMAH (C5/1/23) [2024] GHACC 87 (14 March 2024)

KWAKYEWAA VRS ASIAMAH (C5/1/23) [2024] GHACC 87 (14 March 2024)

The marriage had broken down beyond reconciliation due to irreconcilable differences, but the petitioner failed to prove unreasonable behaviour by the respondent. The respondent also failed to prove desertion or entitlement to damages. Custody of the child was granted to the petitioner in the child's best interest. The petitioner was not entitled to a lump sum as push off, but was awarded GH₵60,000.00 as equitable compensation for her contributions to the hotel annex and filling station during the marriage.

Citation
KWAKYEWAA VRS ASIAMAH (C5/1/23) [2024] GHACC 87 (14 March 2024)
Parties
Petitioner: Theresa Kwakyewaa; Respondent: Peter Akwasi Asiamah
Court
ghacc
Jurisdiction
Ghana
Judgment Date
14 March 2024
Procedural Posture
Divorce and Ancillary Reliefs (customary Marriage) / Final Judgment
Outcome
Petition for divorce granted; marriage dissolved; ancillary reliefs determined.
Legal Topics
Divorce, Customary Marriage, Child Custody, Maintenance, Division of Property, Financial Provision
Source Language
eng
Family Law Divorce Customary Marriage Child Custody Maintenance Division of Property Financial Provision

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Parties

Theresa Kwakyewaa

Petitioner

Peter Akwasi Asiamah

Respondent

Procedural Posture

Divorce and Ancillary Reliefs (customary Marriage) / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Whether the petitioner deserted and wilfully abandoned the marriage in bad faith
  3. 3 Entitlement to custody of the child of the marriage

Ratio Decidendi

The marriage had broken down beyond reconciliation due to irreconcilable differences, but the petitioner failed to prove unreasonable behaviour by the respondent. The respondent also failed to prove desertion or entitlement to damages. Custody of the child was granted to the petitioner in the child's best interest. The petitioner was not entitled to a lump sum as push off, but was awarded GH₵60,000.00 as equitable compensation for her contributions to the hotel annex and filling station during the marriage.

Court Disposition

Petition for divorce granted; marriage dissolved; ancillary reliefs determined.

Orders

  • Marriage between the parties dissolved and cancelled.
  • Custody of the child Florence Asiamah granted to the petitioner with reasonable access to respondent.