Zhan Jie Vrs Slay Nana Yaw Asante [2023] GHACC 78 (25 July 2023)

Zhan Jie Vrs Slay Nana Yaw Asante [2023] GHACC 78 (25 July 2023)

The marriage was consummated and thus valid; it cannot be annulled but can be dissolved as the Respondent behaved in a way that the Petitioner cannot reasonably be expected to live with him, satisfying Section 2(1)(b) of Act 367.

Citation
[2023] GHACC 78
Parties
Petitioner: Zhang Jie; Respondent: Slay Nana Yaw Asante
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
25 July 2023
Procedural Posture
Matrimonial Cause / Judgment
Outcome
petition for annulment dismissed; marriage dissolved
Legal Topics
Marriage Dissolution, Nullity of Marriage, Matrimonial Causes
Source Language
English
Family Law Marriage Dissolution Nullity of Marriage Matrimonial Causes

Case Brief

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Parties

Zhang Jie

Petitioner

Slay Nana Yaw Asante

Respondent

Procedural Posture

Matrimonial Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties can be nullified
  2. 2 Whether the marriage should be dissolved due to irreconcilable differences

Ratio Decidendi

The marriage was consummated and thus valid; it cannot be annulled but can be dissolved as the Respondent behaved in a way that the Petitioner cannot reasonably be expected to live with him, satisfying Section 2(1)(b) of Act 367.

Court Disposition

petition for annulment dismissed; marriage dissolved

Orders

  • The Ordinance Marriage celebrated between the Petitioner and the Respondent on 29th September 2017 is dissolved.
  • The Petitioner shall present the original copy of the Marriage Certificate for cancellation by the Registrar of the Court.