Ratio DecidendiRatio DecidendiRatio Decidendi



HAPPEE
V.
HAPPEE AND ANOTHER

(1974) JELR 69573 (HC)    
High Court  ·  30 May 1974 ·  Ghana
 · 
Other Citations
[1974] 2 GLR 186
CORAM
EDUSEI J.

Ratio Decidendi

Core Terms Beta
petitioner
respondent
court
petition
matrimonial causes act
hannah sey
number of occasions
police station
marriage certificate
native country
airport police station
charge of adultery
child’s own welfare
conduct of the respondent
cordial relations
court proceedings
custody of their child
dissolution of the marriage
divorce proceedings
door of the aircraft
dreadful order
evidence of the petitioner
fresh start
general manager
great difficulty
ground of lack of jurisdiction
happy marriage
head office
head office of her husband
high court
instant petition of the court
marine engineer
married woman
matrimonial jurisdiction
matter of custody of the only child
mother’s love
observations of the learned judge
parent of access
petitioner’s petition
police intervention
respondent cross
respondent’s letter
said act
said hannah sey
sekondi district marriage registry
short visits
sight of the fact of the unseeming behaviour
time jurisdiction
unwholesome conduct

EDUSEI J.

The petitioner in this case is a marine engineer and is a native of the Netherlands whilst the respondent is a Ghanaian by birth. On 21 July 1951 the petitioner married the respondent at the Sekondi District Marriage Registry, and they lived together as man and wife at Sekondi and Takoradi until in 1968 or 1969 when they separated and lived apart. The petitioner has been ordinarily resident in Ghana since 1947, though he occasionally visits his native country on holidays.

Though the petitioner is domiciled in the Netherlands this court is seised with jurisdiction to determine his petition for divorce since he had been ordinarily resident in this country for over 25 years at the time he presented his petition in February 1972. The matrimonial jurisdiction in the instant petition of the court is set out in section 31 of the Matrimonial Causes Act, 1971 (Act 367), as follows:

“The court shall have jurisdiction in any proceedings under this Act whether either party to the marriage …
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