OKINE VRS OKINE (C5/118/2024; C5/118/2024) [2024] GHACC 65 (23 February 2024)
- Citation
- OKINE VRS OKINE (C5/118/2024; C5/118/2024) [2024] GHACC 65 (23 February 2024)
- Status
- Judgment
- Jurisdiction
- Ghana
- Court
- ghacc
- Decision
- 23 February 2024
- Posture
- Divorce Petition / Final Judgment
- Language
- English
More details
- Court
- ghacc
- Decision
- 23 February 2024
- Posture
- Divorce Petition / Final Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The marriage has broken down beyond reconciliation as evidenced by the parties living separately for over four years to five years, and both parties agree to the dissolution.
Court disposition
marriage dissolved
Orders
- The marriage contracted on 19th December, 1992 is dissolved.
- No order as to cost.
02
Material facts
Parties
Diana Okine
Petitioner Counsel: Vivien LampteyRobert A. Okine
Respondent Counsel: Charles Brew-Hammond03
Procedural history
Posture
Divorce Petition / Final Judgment
04
Questions and positions
Legal issues
Whether the marriage between the parties has broken down beyond reconciliation
Party arguments
- Applicant
- The petitioner sought dissolution of the marriage on grounds of irretrievable breakdown, stating that the parties have lived separately for over four years to five years.
- Respondent
- The respondent agreed with the petitioner that the marriage has broken down and consented to the dissolution.
05
Court’s reasoning
Legal principles
- 01
Ghanaian family law
A marriage may be dissolved if it has broken down beyond reconciliation and the parties have lived apart for a significant period.
06
Ratio, limits and disposition
Ratio decidendi
The marriage has broken down beyond reconciliation as evidenced by the parties living separately for over four years to five years, and both parties agree to the dissolution.
Court disposition
marriage dissolved
- The marriage contracted on 19th December, 1992 is dissolved.
- No order as to cost.
Source and reliance status
ghacc · 23 February 2024
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
ghacc
Judgment· 23 February 2024
IN THE CIRCUIT COURT OF GHANA HELD IN ACCRA ON FRIDAY, 23RD DAY OF FEBRUARY, 2024 BEFORE HIS HONOUR KWABENA KODUA OBIRI- YEBOAH, CIRCUIT COURT JUDGE SUIT NO. C5/118/2024
DIANA OKINE ---
PETITIONER NO. 6 HIBISCUS STREET, NTHC PRESTIGE HOMES, ADJIRINGANOR
ACCRA VRS ROBERT A. OKINE --- RESPONDENT NO. 25 MAHOGANY STREET (HEZEKIAH STREET), DANSOMAN LAST STOP
ACCRA ===============================================
J U D G E M E N T =============================================== Parties Present. Joycelyn Armah with Rosemary Ofori, Chelsea Oku and Vida Nartey for Vivien Lamptey for the Petitioner. Charles Brew-Hammond for the Respondent. 1 The Petitioner issued from the registry of this Court a petition seeking the dissolution of her marriage to the Respondent on 24th November, 2023. The parties married under the customary law and converted it into a marriage under the Ordinance Act on 19th December, 1992. The parties cohabited at Dansoman in Accra. The parties have two adult children with the ages being twenty-eight (28) years and twenty-six (26) years respectively. The relief the Petitioner was seeking was that the marriage celebrated between the parties should be dissolved. The Respondent upon the service of the petition caused his lawyers to file entry of appearance and on the 8th December, 2023 filed an answer and indicated in paragraph 2 that he is in agreement with the Petitioner over the breakdown of the marriage between the parties and agreed to the dissolution of the marriage. Going through the processes filed, I come to the conclusion that the only relief at stake which was agreed to by the Respondent was the dissolution of the marriage, the parties were given the chance to give oral evidence before the Court. As required by law today, I have had the chance to hear the parties
and among other things the parties are living separately and not lived together for over four years to five years. I therefore come to the conclusion that the marriage has broken down beyond reconciliation and parties are better off going their separate ways. Therefore, the marriage which was contracted by the parties on 19th December, 1992 is hereby dissolved. There will be no order as to cost. 2 (SGD) H/H K.K OBIRI YEBOAH
CIRCUIT COURT JUDGE 3
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