Ghana Judgment

Circuit Court

MARY KOOBA SAM VRS SAMUEL KWEKU SAM (C5/324/2020) [2023] GHACC 1095 (14 July 2023)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court found that the marriage had broken down beyond reconciliation due to the respondent's unreasonable behaviour and lack of maintenance, warranting dissolution.

Court disposition

marriage dissolved

Orders

  • marriage between the parties is dissolved
  • no further orders

02

Material facts

Parties

Mary Kooba Sam

Petitioner

Samuel Kweku Sam

Respondent

03

Procedural history

  1. Posture

    Divorce / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The petitioner alleged that the respondent failed to maintain the home, engaged in multiple sexual relationships, transmitted a sexually transmitted disease to her, and exhibited unreasonable behaviour making cohabitation intolerable.
Respondent
The respondent did not file any process or appear before the court.

05

Court’s reasoning

  1. 01

    Ghanaian family law

    A marriage may be dissolved if it has broken down beyond reconciliation due to unreasonable behaviour.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the marriage had broken down beyond reconciliation due to the respondent's unreasonable behaviour and lack of maintenance, warranting dissolution.

Court disposition

marriage dissolved

  • marriage between the parties is dissolved
  • no further orders

Source and reliance status

Circuit Court

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Judgment text

The complete available source text.

Source document

Circuit Court

Judgment

[2023] GHACC 1095

IN THE CIRCUIT COURT OF GHANA HELD IN ACCRA ON FRIDAY, 14 TH DAY OF JULY 2023, BEFORE HIS HONOUR KWABENA KODUA OBIRI- YEBOAH, CIRCUIT COURT JUDGE

MARY KOOBA SAM 6301 CHESWOLD PLACE LANHAM MD, 20706

AND OF 7 CASSIA ST. DIGITAL ADDRESS: GT-081-2420 SPINTEX, COMMUNITY 18

TEMA

AND

SAMUEL KWEKU SAM 6301 CHESWOLD PLACE LANHAM MD, 20706 SUIT NO: C5/324/2020

PETITIONER

RESPONDENT ==========================================================

J U D G E M E N T ========================================================== The Petitioner by an application before the court was granted leave to issue petition from the Registry of the court. The notice of the Petition was served by courier on the Respondent. There is prove of delivery of the processes on the Respondent. However the Respondent has not filled any process before the court and there has also not been any representation of the Respondent before the court on behalf of the Respondent. The case of the Petitioner is that the parties married on 7th June 1986 at Life Gate Evangelistic Ministry Accra and the parties have lived in Accra, North Kaneshie and subsequently in the United States. The parties have 3 issues in between them who are adult with the young child being 22 years. It is the case of the Petitioner that the Respondent does not maintain the home, this causing the Petitioner to be thoroughly ordered. The Petitioner also plead that the Respondent has multiple sexual partners whom he has been having sex with and he has given sexually transmitted disease to her which she is undergoing treatment. The Petitioner says that because of these unreasonable behaviors of the Petitioner, she cannot be expected to live with Respondent, if the Respondent does not want to change. The Petitioner then pray for the dissolution of the marriage between the parties. On this day

the court has had the opportunity to hear the attorney of the Respondent and he has also tendered the medical exam of the Petitioner as exhibit C indicating her health condition as well as the marriage certificate of the parties indicating the marriage of the parties. From the evidence, the court comes to the conclusion that the marriage has broken down beyond reconciliation. Therefore the marriage celebrated by the parties at life Gate Evangelistic Ministry Accra is hereby dissolved in favour of the Petitioner. No further orders. (SGD) H/H K. K. OBIRI- YEBOAH

CIRCUIT COURT JUDGE 2

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