ADJOA ASABEA ADU GYAMFI VRS WILLIAM JEFFERSON (C5/65/21) [2022] GHACC 323 (24 November 2022)

ADJOA ASABEA ADU GYAMFI VRS WILLIAM JEFFERSON (C5/65/21) [2022] GHACC 323 (24 November 2022)

The court found that the parties had not lived together as husband and wife for over two years prior to the petition and both consented to the dissolution. The respondent's failure to appear and the dissolution of the customary marriage by the families further indicated irretrievable breakdown. Custody was granted to the petitioner as the biological mother, with reasonable access to the respondent, as it was in the best interest of the children. Both parents were ordered to contribute to the maintenance of the children, with specific financial obligations imposed on the respondent.

Citation
[2022] GHACC 323
Parties
Petitioner: Adjoa Asabea Adu Agyei; Respondent: William Jefferson Eddie Graham
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
24 November 2022
Case Number
C5/65/21
Procedural Posture
Divorce Petition / Final Judgment
Outcome
Petition allowed; marriage dissolved; custody and maintenance orders granted.
Legal Topics
Divorce, Custody of Children, Child Maintenance, Matrimonial Property
Source Language
English
Family Law Divorce Custody of Children Child Maintenance Matrimonial Property

Case Brief

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Parties

Adjoa Asabea Adu Agyei

Petitioner

William Jefferson Eddie Graham

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Whether custody of the two children should be granted to the petitioner with reasonable access to the respondent
  3. 3 Whether the respondent should be ordered to pay school fees, medical bills, accommodation, and monthly maintenance for the children

Ratio Decidendi

The court found that the parties had not lived together as husband and wife for over two years prior to the petition and both consented to the dissolution. The respondent's failure to appear and the dissolution of the customary marriage by the families further indicated irretrievable breakdown. Custody was granted to the petitioner as the biological mother, with reasonable access to the respondent, as it was in the best interest of the children. Both parents were ordered to contribute to the maintenance of the children, with specific financial obligations imposed on the respondent.

Court Disposition

Petition allowed; marriage dissolved; custody and maintenance orders granted.

Orders

  • Decree of divorce issued; marriage certificate ROM/0398/2008 cancelled.
  • Custody of the two children granted to the petitioner with reasonable access to the respondent.