Quarcoe Vrs Koomson [2023] GHADC 30 (22 February 2023)

Quarcoe Vrs Koomson [2023] GHADC 30 (22 February 2023)

The marriage has broken down beyond reconciliation due to the Petitioner's adultery, which the Petitioner tacitly admitted by failing to cross-examine the Respondent. Both parties have not lived together as husband and wife for over three years, and the Respondent consents to the dissolution.

Citation
[2023] GHADC 30
Parties
Petitioner: Boniface Quarcoe; Respondent: Sarah Koomson
Court
District Court
Jurisdiction
Ghana
Judgment Date
22 February 2023
Procedural Posture
Divorce Petition / Judgment
Outcome
petition granted; marriage dissolved
Legal Topics
Divorce, Adultery, Unreasonable Behaviour, Matrimonial Causes
Source Language
English
Family Law Divorce Adultery Unreasonable Behaviour Matrimonial Causes

Case Brief

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Parties

Boniface Quarcoe

Petitioner

Sarah Koomson

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation
  2. 2 Whether adultery or unreasonable behaviour has been committed by either party

Ratio Decidendi

The marriage has broken down beyond reconciliation due to the Petitioner's adultery, which the Petitioner tacitly admitted by failing to cross-examine the Respondent. Both parties have not lived together as husband and wife for over three years, and the Respondent consents to the dissolution.

Court Disposition

petition granted; marriage dissolved

Orders

  • The ordinance marriage contracted between the parties on 13th November, 2010 at the Church of St. Peter, New Takoradi is dissolved.
  • A decree of divorce is granted; the marriage certificate with registration number NT/124/5/2010 pursuant to licence no. 2-5-1977 is cancelled.