ST vrs VB (matrimonial cause 1 of 2023) [2024] GHACC 41 (30 January 2024)

ST vrs VB (matrimonial cause 1 of 2023) [2024] GHACC 41 (30 January 2024)

The marriage has broken down beyond reconciliation as evidenced by irreconcilable differences, separation since 2021, and failed reconciliation attempts. No evidence supports joint acquisition of land or loan claim. Lump sum settlement is not just and equitable given petitioner's means and lack of evidence of respondent's financial need.

Citation
ST vrs VB (matrimonial cause 1 of 2023) [2024] GHACC 41 (30 January 2024)
Parties
Petitioner: Yvonne Amegashie; Respondent: S T T
Court
ghacc
Jurisdiction
Ghana
Judgment Date
30 January 2024
Procedural Posture
Divorce Petition / Final Judgment
Outcome
petition granted, marriage dissolved
Legal Topics
Divorce, Custody, Maintenance, Property Settlement
Source Language
eng
Family Law Divorce Custody Maintenance Property Settlement

Case Brief

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Parties

Yvonne Amegashie

Petitioner

S T T

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation and should be dissolved
  2. 2 Whether an order should be made for equitable distribution of one plot of land
  3. 3 Whether the court can compel the petitioner to refund ten thousand Ghana Cedis to the respondent

Ratio Decidendi

The marriage has broken down beyond reconciliation as evidenced by irreconcilable differences, separation since 2021, and failed reconciliation attempts. No evidence supports joint acquisition of land or loan claim. Lump sum settlement is not just and equitable given petitioner's means and lack of evidence of respondent's financial need.

Court Disposition

petition granted, marriage dissolved

Orders

  • Marriage between parties dissolved and certificate cancelled
  • Respondent granted custody of child, petitioner given visitation rights