Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ENOCH TAGOE
V.
PRISCILLA AKOSUA LARBI-TAKOE

(2017) JELR 107570 (HC)    
High Court  ·  DM/0092/2016 ·  23 Feb 2017 ·  Ghana
CORAM
CECILIA DON-CHEBE AGBEVEY J.

Ratio Decidendi

Core Terms Beta
petitioner
respondent
court
parties
evidence
witness statement
continuous period
petition
presentation of the petition
16th day of august
29th day of august
31st day of january
child’s paternity
dna test
3rd day of march
adultery
birth of his child
birth of the child respondent
child’s name
consent
deoxyribo nucleic acid
grant of a decree of divorce
grant of a divorce petition
health condition
instant case
long hours
marriage certificate
marriage ordinance
matrimonial causes act
only ground
persistent refusal of the respondent
proper construction of this subsection of the act
question marks
reason of such adultery
research assistant
respondent consents
respondent’s behavior
respondent’s fidelity
respondents’ fidelity
respondent’s pattern
said letter
such consent
virtue of section
western region
witness-statement

JUDGMENT 

AGBEVEY J.

The parties were married under the marriage Ordinance (Cap 127) (1951  Rev.) on the 16th day of August 2008 at the Office of the Principal Registrar of  Marriages, Accra. The parties cohabited at Kwabenya. There is one issue of the  marriage who was born on the 29th day of August, 2014. The petitioner is a research assistant with the Institute of Mathematical Sciences. The Respondent works with the Youth Employment Agency as an Environmental Protection  Officer.  

Per the Petition filed on the 3rd day of March 2016, the petitioner avers that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent as a result of which the marriage has broken down beyond reconciliation. 

The Respondent was not represented by counsel throughout the proceedings. Neither did she file appearance. However she filed an Answer in which she admitted that the marriage between the parties has broken down  beyond reconciliation. 

Th…

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