OFFEI VRS ADEYEMO (C4/06/2023) [2023] GHACC 745 (13 October 2023)

OFFEI VRS ADEYEMO (C4/06/2023) [2023] GHACC 745 (13 October 2023)

The petitioner proved that the respondent deserted her for more than two years and the marriage has broken down beyond reconciliation. The evidence was uncontradicted and satisfied the statutory requirements for dissolution of marriage under Act 367.

Citation
[2023] GHACC 745
Parties
Petitioner: Patience Afi Offei; Respondent: Timi Adeyemo
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
13 October 2023
Case Number
C4/06/2023
Procedural Posture
Divorce Petition / Judgment
Outcome
petition granted
Legal Topics
Divorce, Customary Marriage, Child Custody, Maintenance, Costs
Source Language
English
Family Law Divorce Customary Marriage Child Custody Maintenance Costs

Case Brief

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Parties

Patience Afi Offei

Petitioner

Timi Adeyemo

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation under Ghanaian law
  2. 2 Whether the petitioner is entitled to custody of the child
  3. 3 Whether the respondent should pay maintenance and provide accommodation

Ratio Decidendi

The petitioner proved that the respondent deserted her for more than two years and the marriage has broken down beyond reconciliation. The evidence was uncontradicted and satisfied the statutory requirements for dissolution of marriage under Act 367.

Court Disposition

petition granted

Orders

  • Customary marriage celebrated on 25th October, 2014 and registered on 3rd November, 2014 is dissolved.
  • Custody of the only child granted to petitioner with reasonable access to respondent.