OFOSUA VRS ACHAGANI (A4/2/2024) [2024] GHADC 127 (15 March 2024)

OFOSUA VRS ACHAGANI (A4/2/2024) [2024] GHADC 127 (15 March 2024)

The respondent's voluntary confession to adultery and the parties' separation for over six years established that the marriage had broken down beyond reconciliation, justifying dissolution under the Matrimonial Causes Act, 1971 (Act 367).

Citation
OFOSUA VRS ACHAGANI (A4/2/2024) [2024] GHADC 127 (15 March 2024)
Parties
Petitioner: Portia Odei Ofosua; Respondent: Richard Achagani
Court
ghadc
Jurisdiction
Ghana
Judgment Date
15 March 2024
Procedural Posture
Divorce Petition / Final Judgment
Outcome
petition granted
Legal Topics
Divorce, Adultery, Child Custody, Child Maintenance
Source Language
eng
Family Law Divorce Adultery Child Custody Child Maintenance

Case Brief

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Parties

Portia Odei Ofosua

Petitioner

Richard Achagani

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation under the Matrimonial Causes Act, 1971 (Act 367)
  2. 2 Whether the respondent committed adultery
  3. 3 Entitlement to custody and maintenance of the child

Ratio Decidendi

The respondent's voluntary confession to adultery and the parties' separation for over six years established that the marriage had broken down beyond reconciliation, justifying dissolution under the Matrimonial Causes Act, 1971 (Act 367).

Court Disposition

petition granted

Orders

  • Marriage between petitioner and respondent dissolved; marriage certificate No. MDC 19/14 with license No. MDMC 43114 dated 17th October 2013 cancelled.
  • Custody of the child granted to petitioner with reasonable access to respondent.