Daniel Ofori Vrs Rosemary Okyere [2022] GHACC 253 (8 December 2022)
The marriage is dissolved because the parties have not lived together for more than two years and have irreconcilable differences, satisfying the statutory grounds for divorce under the Matrimonial Causes Act 1971 (Act 367).
Source-derived case information.
- Citation
- [2022] GHACC 253
- Parties
- Petitioner: Daniel Ofori; Respondent: Rosemary Okyere
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 8 December 2022
- Procedural Posture
- Divorce Petition / Judgment
- Outcome
- petition allowed; marriage dissolved
- Legal Topics
- Divorce, Matrimonial Causes, Irreconcilable Differences, Separation
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Ofori
Petitioner
Rosemary Okyere
Respondent
Procedural Posture
Divorce Petition / Judgment
Legal Issues
- 1 Whether the marriage has broken down beyond reconciliation under the Matrimonial Causes Act 1971 (Act 367)
- 2 Whether the parties have lived apart for more than two years preceding the petition
- 3 Whether irreconcilable differences exist
Ratio Decidendi
The marriage is dissolved because the parties have not lived together for more than two years and have irreconcilable differences, satisfying the statutory grounds for divorce under the Matrimonial Causes Act 1971 (Act 367).
Court Disposition
petition allowed; marriage dissolved
Orders
- Ordinance marriage between the parties dissolved
- Registrar to issue Divorce Certificate after canceling Marriage Certificate (Exhibit A)
Full Case Text
Judgment text and source record
1 paragraphs
IN THE CIRCUIT COURT ‘2’ ADENTAN SITTING BEFORE HER HONOUR SEDINAM AWO BALOKAH (MS) THE PRESIDING JUDGE ON THE 8TH DAY OF DECEMBER, 2022 TIME: 9:20 AM SUIT NO. C5/017/2022 DANIEL OFORI PETITIONER G. K. 04383 - 1401 KATAMANSO - ACCRA VRS. ROSEMARY OKYERE GD- 130 – 0330 ASHIYIE - ACCRA RESPONDENT Parties Present Priscilla Agudey Present holding brief for George Miguel Owusu-Ansah for Petitioner Pro Se Representative for Respondent By Court - Judgment I have read the pleadings presented by the Parties herein, Having read, the witness statements and present Exhibits A and B being the testimonies of the Parties herein, And having due regard to all the evidence on record, it is my considered opinion that the following facts are established; 1) The fact that the Parties have not leaved together for more two years immediately preceeding the presentation of the instant Petition for Divorce, and 2) The fact that the Parties have irreconcilable differences. Upon these facts and in light of Section 2 (1) (d) and (f) of the Matrimonial Causes Act 1971 (Act 367), I find and hold that the Ordinance Marriage celebrated between the Parties at the Adentan Municipal Assembly on the 17th day of February 2017 has broken down beyond reconciliation. I accordingly dissolve the said Ordinance Marriage this 8th day of December, 2022. The Registrar of this court shall issue to the Parties herein a Divorce Certificate after canceling their Marriage Certificate (Exhibit A). Further, the Terms of Settlement duly executed and filed in this court on the6th day of December 2022 is adopted as Consent Judgment this 8th day of December 2022 in final resolution of all ancillary issues raised by the Instant Divorce Petition. I make no award as to cost. (SGD) H/H SEDINAM AWO BALOKAH CIRCUIT COURT JUDGE Comfy* 2