Tachie Vrs Abban [2022] GHADC 51 (21 November 2022)

Tachie Vrs Abban [2022] GHADC 51 (21 November 2022)

The marriage was dissolved as it had broken down beyond reconciliation, established by unchallenged evidence of irreconcilable differences and lack of maintenance. The Petitioner failed to prove contribution to the matrimonial property or entitlement to shares in projects or recovery of claimed sums, as documentary and oral evidence did not support her claims. The only relief granted, apart from dissolution, was a financial provision, deemed just and equitable under the circumstances.

Citation
[2022] GHADC 51
Parties
Petitioner: Josephine Yaa Tachie; Respondent: Samuel Yaw Abban
Court
District Court
Jurisdiction
Ghana
Judgment Date
21 November 2022
Procedural Posture
Divorce and Ancillary Reliefs / Judgment
Outcome
Petition allowed in part; marriage dissolved; financial provision awarded; all other reliefs dismissed.
Legal Topics
Dissolution of Customary Marriage, Matrimonial Property, Financial Provision, Corporate Veil, Burden of Proof
Source Language
English
Family Law Dissolution of Customary Marriage Matrimonial Property Financial Provision Corporate Veil Burden of Proof

Case Brief

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Parties

Josephine Yaa Tachie

Petitioner

Samuel Yaw Abban

Respondent

Procedural Posture

Divorce and Ancillary Reliefs / Judgment

Legal Issues

  1. 1 Whether the customary marriage has broken down beyond reconciliation
  2. 2 Whether House No. PT 55, Ngyiresia is joint/matrimonial property
  3. 3 Whether the Petitioner is entitled to two-thirds of House No. PT 55

Ratio Decidendi

The marriage was dissolved as it had broken down beyond reconciliation, established by unchallenged evidence of irreconcilable differences and lack of maintenance. The Petitioner failed to prove contribution to the matrimonial property or entitlement to shares in projects or recovery of claimed sums, as documentary and oral evidence did not support her claims. The only relief granted, apart from dissolution, was a financial provision, deemed just and equitable under the circumstances.

Court Disposition

Petition allowed in part; marriage dissolved; financial provision awarded; all other reliefs dismissed.

Orders

  • The customary marriage contracted between the parties in 2018 is dissolved.
  • The Respondent shall pay the Petitioner GH₵30,000.00 as financial provision.