CLERK
V.
CLERK

(1980) JELR 69838 (HC)

High Court 28 Apr 1980 Ghana
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- The petitioner and respondent were married in 1929 and have been living apart since 1962. - The petitioner sought divorce in 1964, but it was not granted. A fresh divorce petition was filed in 1971 and the marriage was dissolved in 1973.

Case Details

Judges:CECILIA KORANTENG-ADDOW J.
Counsel:TSATSU TSIKATA FOR THE PETITIONER; E. N. MOORE FOR MISS A. A. AYISI FOR THE RESPONDENT.

CECILIA KORANTENG-ADDOW J.: The petitioner, Rev. Carl Henry Clerk, and the respondent, Martha Ayerkor Clerk, were married on 6 June 1929. The respondent was then a girl of eighteen years of age. The petitioner was a teacher, but in the course of time he rose to become a minister of the Presbyterian Church and subsequently a Synod Clerk, a post from which he retired. There are five issues of the marriage—all adults now; the youngest, Henry Daniel, is about 32 years old. Since 1962 the couple have lived apart. In 1964 the petitioner sought divorce, but the petition was not granted. In July 1971 fresh divorce petition was presented by the petitioner and by that prayer the marriage was dissolved on 30 April 1973 on the ground that the marriage had broken down irretrievably. The respondent appealed against the order for a decree nisi and the decree absolute. By its judgment dated 28 November 1975, the Court of Appeal dismissed the appeal: see Clerk v. Clerk [1976] 1 G.L.R. 123, C.A.

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