QUANSAH VRS ADDY (C4/23/2023) [2023] GHACC 721 (23 October 2023)

QUANSAH VRS ADDY (C4/23/2023) [2023] GHACC 721 (23 October 2023)

The marriage was found to have broken down beyond reconciliation based on mutual accusations of unreasonable behaviour and desertion. The property at Weija was not jointly acquired during the marriage but solely by the petitioner prior to marriage, thus remains his property. The respondent is entitled to financial provision but not to the property or the full amount claimed as alimony.

Citation
[2023] GHACC 721
Parties
Petitioner: Matthew Quansah; Respondent: Theodora Addy
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
23 October 2023
Case Number
C4/23/2023
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition for divorce granted; marriage dissolved; property remains with petitioner; respondent awarded financial provision.
Legal Topics
Divorce, Matrimonial Property, Alimony
Source Language
English
Family Law Divorce Matrimonial Property Alimony

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Parties

Matthew Quansah

Petitioner

Theodora Addy

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down beyond reconciliation
  2. 2 Whether the property situated at Weija was jointly acquired during the marriage
  3. 3 Whether the respondent is entitled to alimony of GH¢300,000.00

Ratio Decidendi

The marriage was found to have broken down beyond reconciliation based on mutual accusations of unreasonable behaviour and desertion. The property at Weija was not jointly acquired during the marriage but solely by the petitioner prior to marriage, thus remains his property. The respondent is entitled to financial provision but not to the property or the full amount claimed as alimony.

Court Disposition

Petition for divorce granted; marriage dissolved; property remains with petitioner; respondent awarded financial provision.

Orders

  • Marriage between the parties is dissolved.
  • Marriage certificate is cancelled and declared null and void.