Yanzuh Vrs Nsenkyire [2023] GHACC 363 (21 July 2023)

Yanzuh Vrs Nsenkyire [2023] GHACC 363 (21 July 2023)

The marriage has broken down beyond reconciliation as evidenced by the parties' prolonged separation, failed reconciliation attempts, and the respondent's consent to the divorce. The court is satisfied that the statutory requirements for dissolution have been met and grants the divorce, awarding custody of the children to the petitioner with reasonable access to the respondent and ordering continued maintenance by the respondent.

Citation
[2023] GHACC 363
Parties
Petitioner: Mary M. E. Yanzuh; Respondent: Richard Duah Nsenkyire
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
21 July 2023
Procedural Posture
Divorce Petition / Judgment
Outcome
petition granted
Legal Topics
Divorce, Child Custody, Child Maintenance
Source Language
English
Family Law Divorce Child Custody Child Maintenance

Case Brief

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Parties

Mary M. E. Yanzuh

Petitioner

Richard Duah Nsenkyire

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 the children of the marriage

Ratio Decidendi

The marriage has broken down beyond reconciliation as evidenced by the parties' prolonged separation, failed reconciliation attempts, and the respondent's consent to the divorce. The court is satisfied that the statutory requirements for dissolution have been met and grants the divorce, awarding custody of the children to the petitioner with reasonable access to the respondent and ordering continued maintenance by the respondent.

Court Disposition

petition granted

Orders

  • Marriage between the parties dissolved and decree of divorce granted.
  • Custody of the three children granted to the petitioner with reasonable access to the respondent.