LARKOH VRS AFFO (C5/10/2024) [2024] GHACC 182 (2 February 2024)

LARKOH VRS AFFO (C5/10/2024) [2024] GHACC 182 (2 February 2024)

The marriage has broken down beyond reconciliation due to Respondent's unreasonable behaviour and parties not living together for over eight years. Petitioner is entitled to custody of children below 18, maintenance, educational and medical support for the children, and a share in the matrimonial property. Claim for refund of loans is statute-barred.

Citation
LARKOH VRS AFFO (C5/10/2024) [2024] GHACC 182 (2 February 2024)
Parties
Petitioner: Rita Larkoh; Respondent: Walter Affo
Court
ghacc
Jurisdiction
Ghana
Judgment Date
2 February 2024
Procedural Posture
Divorce Petition / Final Judgment
Outcome
Petition allowed in part; marriage dissolved; custody, maintenance, and property orders made; loan refund claim dismissed as statute-barred.
Legal Topics
Divorce, Custody, Maintenance, Property Division, Statute of Limitations
Source Language
eng
Family Law Divorce Custody Maintenance Property Division Statute of Limitations

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Parties

Rita Larkoh

Petitioner

Walter Affo

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Whether the Petitioner is entitled to custody of the children
  3. 3 Whether the Respondent should pay maintenance and educational expenses for the children

Ratio Decidendi

The marriage has broken down beyond reconciliation due to Respondent's unreasonable behaviour and parties not living together for over eight years. Petitioner is entitled to custody of children below 18, maintenance, educational and medical support for the children, and a share in the matrimonial property. Claim for refund of loans is statute-barred.

Court Disposition

Petition allowed in part; marriage dissolved; custody, maintenance, and property orders made; loan refund claim dismissed as statute-barred.

Orders

  • Marriage between Petitioner and Respondent dissolved as of 2nd February 2024.
  • Custody of any child of the marriage below 18 years granted to Petitioner with reasonable access to Respondent.