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BARAKE
V.
BARAKE

(1990) JELR 67411 (HC)

High Court 25 Jun 1990 Ghana
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1. The judgment discusses a divorce case where the first respondent's second marriage was deemed bigamous and null due to the first marriage being registered under Cap 127, which does not permit polygamy. 2. The court ruled that the first m

Case Details

Judges:BROBBEY J
Counsel:DR EKOW DANIELS FOR THE PETITIONER; E D KOM (WITH HIM BODZA LUMOR) FOR THE FIRST RESPONDENT.

JUDGMENT

BROBBEY J.

The petitioner and the first respondent were married on 25 March 1969. The marriage ceremony was conducted in the Sekondi-Takoradi City Council Marriage Registry.

They cohabited in various places after the marriage, notably Takoradi, London and Lebanon. There are four daughters born out of the marriage. They are Mouna aged twenty years, Nadia aged sixteen years, Amoula aged nine years and lastly Naya aged eight years.

On 13 August 1979 the first respondent instituted an action for a decree of divorce and custody of their first two children who were the only children they then had. According to the petitioner, the first respondent said that the 1979 petition was withdrawn and that was why she brought the instant petition. The first respondent’s attempt to have the instant petition struck out on account of the 1979 action was disposed of in the course of the trial. I do not need to take that issue up again, more especially since none of the counsel for the parties raise…

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