REPUBLIC VRS. ABOAGYE (E12/127/2023) [2023] GHAHC 607 (8 November 2023)

REPUBLIC VRS. ABOAGYE (E12/127/2023) [2023] GHAHC 607 (8 November 2023)

The mediator did not exceed her mandate or intimidate the appellant; however, since the terms of settlement were not adopted by the District Court and no trial was held to determine irretrievable breakdown of marriage, the purported dissolution is invalid and must be set aside. The matter is remitted for full trial.

Citation
[2023] GHAHC 607
Parties
Accused/appellant: Yaw Opoku Aboagye; Respondent: The Republic; Complainant: Lydia Adukpo
Court
High Court
Jurisdiction
Ghana
Judgment Date
8 November 2023
Case Number
E12/127/2023
Procedural Posture
Criminal Appeal / Ruling on Appeal From District Court Mediation Settlement
Outcome
appeal partially allowed
Legal Topics
Domestic Violence, Customary Marriage Dissolution, Mediation, Appeals Procedure
Source Language
English
Criminal Law Family Law Alternative Dispute Resolution Domestic Violence Customary Marriage Dissolution Mediation Appeals Procedure

Case Brief

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Parties

Yaw Opoku Aboagye

Accused/appellant

The Republic

Respondent

Lydia Adukpo

Complainant

Procedural Posture

Criminal Appeal / Ruling on Appeal From District Court Mediation Settlement

Legal Issues

  1. 1 Whether the mediator exceeded her mandate by recording terms dissolving the marriage
  2. 2 Whether the mediator intimidated the appellant into signing the settlement
  3. 3 Whether the evidence supports the charges against the accused

Ratio Decidendi

The mediator did not exceed her mandate or intimidate the appellant; however, since the terms of settlement were not adopted by the District Court and no trial was held to determine irretrievable breakdown of marriage, the purported dissolution is invalid and must be set aside. The matter is remitted for full trial.

Court Disposition

appeal partially allowed

Orders

  • Terms of settlement purporting to dissolve the marriage are set aside.
  • Accused/appellant is referred back to the District Court for a full trial on the merits of the charges.