Aidoo Vrs Essel [2022] GHADC 159 (31 October 2022)

Aidoo Vrs Essel [2022] GHADC 159 (31 October 2022)

The marriage was dissolved on the ground that irreconcilable differences exist between the parties, and after diligent effort, they have been unable to reconcile their differences as provided under section 2(1)(f) of Act 367. The petitioner proved breakdown of the marriage on a balance of probabilities.

Citation
[2022] GHADC 159
Parties
Petitioner: Gladys Aidoo; Respondent: Philemon Issah Essel
Court
District Court
Jurisdiction
Ghana
Judgment Date
31 October 2022
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition allowed; marriage dissolved; custody and maintenance orders issued; no order as to costs.
Legal Topics
Dissolution of Marriage, Custody of Children, Maintenance, Burden of Proof
Source Language
English
Family Law Dissolution of Marriage Custody of Children Maintenance Burden of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Gladys Aidoo

Petitioner

Philemon Issah Essel

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation
  2. 2 Whether the petitioner is entitled to custody of the children
  3. 3 Whether the respondent should be ordered to maintain the children

Ratio Decidendi

The marriage was dissolved on the ground that irreconcilable differences exist between the parties, and after diligent effort, they have been unable to reconcile their differences as provided under section 2(1)(f) of Act 367. The petitioner proved breakdown of the marriage on a balance of probabilities.

Court Disposition

Petition allowed; marriage dissolved; custody and maintenance orders issued; no order as to costs.

Orders

  • The marriage between the petitioner and respondent is dissolved and the marriage certificate cancelled.
  • Custody of the two children is granted to the petitioner with reasonable access to the respondent.