Sey Vrs Rev. Broni [2022] GHADC 52 (30 November 2022)

Sey Vrs Rev. Broni [2022] GHADC 52 (30 November 2022)

The marriage has broken down beyond reconciliation as the parties have not lived as husband and wife for at least five years, satisfying section 2(1)(e) of Act 367. The respondent's failure to attend trial and challenge the petitioner's evidence resulted in the petitioner's claims being admitted. The cross-petition and property claim were struck out due to non-attendance.

Citation
[2022] GHADC 52
Parties
Petitioner: Josephine Adwoa Sey; Respondent: Rev. Kofi Antwi Broni
Court
District Court
Jurisdiction
Ghana
Judgment Date
30 November 2022
Procedural Posture
Divorce Petition / Final Judgment
Outcome
petition for divorce granted; marriage dissolved; cross-petition and property claim struck out; no order as to costs
Legal Topics
Divorce, Matrimonial Property, Unreasonable Behaviour, Breakdown of Marriage
Source Language
English
Family Law Divorce Matrimonial Property Unreasonable Behaviour Breakdown of Marriage

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Parties

Josephine Adwoa Sey

Petitioner

Rev. Kofi Antwi Broni

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation
  2. 2 Whether the respondent is entitled to an equal share in House No. Plot No. 8 Block A Panty Estate, Akropong, Ashanti

Ratio Decidendi

The marriage has broken down beyond reconciliation as the parties have not lived as husband and wife for at least five years, satisfying section 2(1)(e) of Act 367. The respondent's failure to attend trial and challenge the petitioner's evidence resulted in the petitioner's claims being admitted. The cross-petition and property claim were struck out due to non-attendance.

Court Disposition

petition for divorce granted; marriage dissolved; cross-petition and property claim struck out; no order as to costs

Orders

  • Decree of divorce granted dissolving the ordinance marriage between Josephine Adwoa Sey and Rev. Kofi Antwi Broni celebrated on 06/05/2011 at Metropolitan Offices, Sekondi.
  • Marriage certificate No. 219/2011 pursuant to Licence No. STMA/219/2011 is cancelled.