Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ABU-JAUDEH
V.
ABU-JAUDEH

(1972) JELR 63860 (HC)    
High Court  ·  29 Jun 1972 ·  Ghana
 · 
Other Citations
[1972] 2 GLR 444
CORAM
KINGSLEY-NYINAH J.A.

Ratio Decidendi

Core Terms Beta
ghana
plaintiff
residence
evidence
original lebanese domicile
domicile of choice
permanent home
inter alia
plaintiff-husband
decisive fact
change of domicile
elder brother
limited period
mere residence
present inquiry
true domicile
alluring glamour of earlier years
circumstances of this precedent inquiry
clear intention
clinching fact
conclusive fact of domicile
country’s matrimonial jurisdiction
decisive support of his contention
domicile of the petitioner
fact of a man
given locality
h.l. lord westbury
insufficient evidence
issue of jurisdiction
law of the domicile of the contesting spouses
lebanese national
lelland v. m’lelland
long stay
long way
long years
main action
matter of the precedent objection
mere declaration of intention
only true jurisdiction
peculiar circumstances of this matter
peculiar circumstances of this present case
prima facie intention
principal parties
purpose of the court
question of domicile
raising of this preliminary point
such jurisdiction
such permanency of residence
twin essentials of residence

KINGSLEY-NYINAH J.A.

On 28 August 1954, the principal parties to this suit were joined together in matrimony at the Deputy Registrar’s Office, Kumasi Municipal Council, Kumasi, as husband and wife. Fourteen years subsequently, and exactly two grown-up children later, the husband disillusioned and bewildered, instituted proceedings against his wife and another man (the co-respondent) on 12 March 1968 asking for a dissolution of their marriage on the serious grounds of cruelty and adultery.

From the violence of the allegations canvassed by husband and wife against each other in their separate pleadings, it is easy to infer that that love which at the start was so warm, so tender and so beautiful, and which drew husband and wife together into wedlock-that love has now completely soured and is dishonoured, tarnishing the alluring glamour of earlier years.

The embers of their earlier love having now so completely died out without the slightest hope of a rekindling towards meaningful reconcil…

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