Abitty Vrs Zormelo [2023] GHADC 559 (23 February 2023)

Abitty Vrs Zormelo [2023] GHADC 559 (23 February 2023)

The marriage has broken down beyond reconciliation as both parties have moved on with others without proper dissolution; compensation is awarded for elimination from the matrimonial home but not for childbirth or inability to further education; custody remains with respondent, reasonable access granted to petitioner.

Citation
Abitty Vrs Zormelo [2023] GHADC 559 (23 February 2023)
Parties
Petitioner: Sarah Abitty; Respondent: Zormelo Bright
Court
ghadc
Jurisdiction
Ghana
Judgment Date
23 February 2023
Procedural Posture
Divorce Petition / Final Judgment
Outcome
divorce granted
Legal Topics
Customary Marriage, Divorce, Custody, Maintenance, Compensation
Source Language
eng
Family Law Customary Marriage Divorce Custody Maintenance Compensation

Case Brief

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Parties

Sarah Abitty

Petitioner

Zormelo Bright

Respondent

Procedural Posture

Divorce Petition / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation
  2. 2 Whether compensation is due to the petitioner for physical, emotional and psychological trauma
  3. 3 Whether custody of the children should be granted to the petitioner

Ratio Decidendi

The marriage has broken down beyond reconciliation as both parties have moved on with others without proper dissolution; compensation is awarded for elimination from the matrimonial home but not for childbirth or inability to further education; custody remains with respondent, reasonable access granted to petitioner.

Court Disposition

divorce granted

Orders

  • Marriage dissolved
  • Respondent to pay GH₵4,000.00 to petitioner in five equal instalments beginning January 2023