LATIFATU RAZAK VRS SAMUEL AIDOO (C5/58/18) [2022] GHACC 331 (17 November 2022)

LATIFATU RAZAK VRS SAMUEL AIDOO (C5/58/18) [2022] GHACC 331 (17 November 2022)

The marriage had broken down beyond reconciliation as the parties had not lived together for over two years and both consented to dissolution. The petitioner was granted custody of the child with reasonable access to the respondent. The respondent was ordered to pay maintenance and arrears, and the matrimonial home, built during the marriage, was to be shared 60% to the respondent and 40% to the petitioner. The petitioner was awarded a lump sum as financial provision.

Citation
[2022] GHACC 331
Parties
Petitioner: Latifatu Al Razak; Respondent: Samuel Aidoo
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
17 November 2022
Case Number
C5/58/18
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition allowed; marriage dissolved; ancillary reliefs granted in part.
Legal Topics
Divorce, Custody, Maintenance, Matrimonial Property, Alimony
Source Language
English
Family Law Divorce Custody Maintenance Matrimonial Property Alimony

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 19 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Latifatu Al Razak

Petitioner

Samuel Aidoo

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Whether custody of the child should be granted to the petitioner with visitation rights to the respondent
  3. 3 Whether the respondent should pay maintenance arrears and monthly maintenance for the child

Ratio Decidendi

The marriage had broken down beyond reconciliation as the parties had not lived together for over two years and both consented to dissolution. The petitioner was granted custody of the child with reasonable access to the respondent. The respondent was ordered to pay maintenance and arrears, and the matrimonial home, built during the marriage, was to be shared 60% to the respondent and 40% to the petitioner. The petitioner was awarded a lump sum as financial provision.

Court Disposition

Petition allowed; marriage dissolved; ancillary reliefs granted in part.

Orders

  • Marriage between the parties dissolved and certificate cancelled.
  • Custody of the child granted to the petitioner with reasonable access to the respondent.