Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ISAAC KWAME AMOAH AHINFUL
V.
ANNE MARIE AHINFUL

(2016) JELR 107733 (HC)    
High Court  ·  SUIT NO: BDMC 299/2015 ·  29 Nov 2016 ·  Ghana
CORAM
HAFISATA AMALEBOBA (MRS)

Ratio Decidendi

Core Terms Beta
petitioner
respondent
court
parties
matrimonial home
unreasonable behaviour
financial provision
virtue of section
dissolution of the marriage
matrimonial causes act
juvenile court
part of the respondent
testimony of the parties
custody of the children of the marriage
marriages act
proper legal means
reasonable access
respondent consents
respondent’s testimony
ashalley botwe lands
b grant
case of madjolagbe v
court order pays
evidence act
existence of the facts
extra work
ghana police service
grant of a decree of divorce
household products
legal fees
own testimony
payment of the respondent
petitioner’s assertions
public holidays
said section
states cruelty
such evidence
sunday afternoons
undisputed facts of this case
unreasonable behaviour of the respondent
work colleagues

JUDGMENT

AMALEBOBA, J.

The undisputed facts of this case are that the Petitioner and Respondent, were married under the Marriages Act 1884 – 1985 (CAP 127) on 7th February, 2004 at the St. John’s Catholic Church Pedu, Cape Coast. They have two male issues of the marriage, Samuel Kweku Amoah – Ahinful and Caleb Nyansa Amoah – Ahinful, who as at the commencement of this suit on 7th May 2015 were eight (8) and Five (5) years old respectively.

After the marriage the parties co-habited in Cape Coast and Accra. Some ten years after the marriage however, the Husband - Petitioner, alleging unreasonable behaviour on the part of the Respondent, his wife commenced this Petition, seeking that the marriage celebrated between the parties be dissolved, on the ground that same has broken down beyond reconciliation and for the Respondent to be granted custody of the children of the marriage, with reasonable access to the Petitioner.

The Respondent entered an appearance by her Counsel and filed an answer …

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