Victoria Aku Mawusi V Reginald Kojo Gyapaning Assoku [2023] GHACC 64 (23 June 2023)

Victoria Aku Mawusi V Reginald Kojo Gyapaning Assoku [2023] GHACC 64 (23 June 2023)

The marriage is dissolved because the parties have not lived as husband and wife for over 25 years, satisfying section 2(1e) of Act 367, and the marriage has broken down beyond reconciliation.

Source-derived case information.

Citation
[2023] GHACC 64
Parties
Petitioner: Victoria Aku Mawusi; Respondent: Reginald Kojo Gyapaning Assoku
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
23 June 2023
Procedural Posture
Divorce Petition / Judgment
Outcome
petition granted; marriage dissolved
Legal Topics
Divorce, Matrimonial Causes, Marriage Dissolution
Source Language
english
Family Law Divorce Matrimonial Causes Marriage Dissolution

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Parties

Victoria Aku Mawusi

Petitioner

Reginald Kojo Gyapaning Assoku

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation under section 1(2) of the Matrimonial Causes Act, 1971 (Act 367)
  2. 2 Whether the parties have not lived as husband and wife for a continuous period of at least five years immediately preceding the petition under section 2(1e) of Act 367

Ratio Decidendi

The marriage is dissolved because the parties have not lived as husband and wife for over 25 years, satisfying section 2(1e) of Act 367, and the marriage has broken down beyond reconciliation.

Court Disposition

petition granted; marriage dissolved

Orders

  • The ordinance marriage between the parties celebrated on 5/6/1992 at Accra Metropolitan Assembly is dissolved as having broken down beyond reconciliation.
  • There shall be no order as to cost.