Ghana Judgment

ghacc

OKINE VRS OKINE (C5/118/2024; C5/118/2024) [2024] GHACC 65 (23 February 2024)

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Professional case brief

Research organized from the available case record

Source document

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 Lamptey

Robert A. Okine

Respondent Counsel: Charles Brew-Hammond

03

Procedural history

  1. 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

  1. 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

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Judgment reading view

Judgment text

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Source document

ghacc

Judgment· 23 February 2024

OKINE VRS OKINE (C5/118/2024; C5/118/2024) [2024] GHACC 65 (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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