AGYEMANG VRS KUSAH (A4/34/2023) [2023] GHACC 684 (15 September 2023)

AGYEMANG VRS KUSAH (A4/34/2023) [2023] GHACC 684 (15 September 2023)

The marriage has broken down beyond reconciliation as the parties have lived apart for over three years and all reconciliation efforts have failed. Both parties admit the breakdown and consent to divorce. Statutory grounds under sections 2(1)(d) and 2(1)(f) of Act 367 are satisfied.

Citation
[2023] GHACC 684
Parties
Petitioner: Opoku Joshua Agyemang; Respondent: Priscilla Niney Kusah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
15 September 2023
Case Number
A4/34/2023
Procedural Posture
Divorce Petition / Judgment
Outcome
petition for divorce granted; marriage dissolved
Legal Topics
Divorce, Custody, Matrimonial Causes
Source Language
English
Family Law Divorce Custody Matrimonial Causes

Case Brief

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Parties

Opoku Joshua Agyemang

Petitioner

Priscilla Niney Kusah

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation under the Matrimonial Causes Act, 1971 (Act 367)
  2. 2 Custody and maintenance of children

Ratio Decidendi

The marriage has broken down beyond reconciliation as the parties have lived apart for over three years and all reconciliation efforts have failed. Both parties admit the breakdown and consent to divorce. Statutory grounds under sections 2(1)(d) and 2(1)(f) of Act 367 are satisfied.

Court Disposition

petition for divorce granted; marriage dissolved

Orders

  • Marriage between petitioner and respondent celebrated on 19th December, 2010 is dissolved forthwith; Marriage Certificate No 11108 and Licence Number AMA 8276/2010 cancelled
  • Terms of Settlement filed on 14th July, 2023 adopted as Consent Judgment