KOBIA VRS KOBIA (A4/46/22) [2023] GHADC 841 (20 June 2023)

KOBIA VRS KOBIA (A4/46/22) [2023] GHADC 841 (20 June 2023)

The marriage has broken down beyond reconciliation as evidenced by the unchallenged testimony of the petitioner and the respondent's consent to the petition. The legal requirements under the Matrimonial Causes Act have been satisfied, and there is no evidence to the contrary.

Citation
[2023] GHADC 841
Parties
Petitioner: Kwame Kobia; Respondent: Ruth Kobia
Court
District Court
Jurisdiction
Ghana
Judgment Date
20 June 2023
Case Number
A4/46/22
Procedural Posture
Divorce Petition / Final Judgment
Outcome
petition granted; marriage dissolved
Legal Topics
Divorce, Matrimonial Causes, Unreasonable Behaviour, Burden of Proof
Source Language
English
Family Law Divorce Matrimonial Causes Unreasonable Behaviour Burden of Proof

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Parties

Kwame Kobia

Petitioner

Ruth Kobia

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation
  2. 2 Whether the petitioner has discharged the burden of proof for dissolution of marriage

Ratio Decidendi

The marriage has broken down beyond reconciliation as evidenced by the unchallenged testimony of the petitioner and the respondent's consent to the petition. The legal requirements under the Matrimonial Causes Act have been satisfied, and there is no evidence to the contrary.

Court Disposition

petition granted; marriage dissolved

Orders

  • The marriage celebrated between the parties on 27th July 2011 is dissolved as it has broken down beyond reconciliation.
  • No order as to costs.