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ISAIAH BROWN
V.
HELPSOLINA BLAY

(2017) JELR 107734 (HC)

High Court 19 Jan 2017 Ghana
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- The High Court dissolved an Akan customary marriage under sections 1(2), 2(1)(d)-(e), and 41(3) of the Matrimonial Causes Act, 1971 (Act 367), finding irretrievable breakdown due to cohabitation cessation, Respondent’s subsequent remarria

Case Details

Suit Number:SUIT NO. DM/ 0260/2016
Judges:CECILIA DAVIS, J.
Counsel:HIS LORDSHIP JUSTICE (RTD) NII KPAKPO ABRAHAMS FOR THE RESPONDENT

JUDGMENT 

DAVIS, J.

The parties were married under customary law and customary rites were  performed on the 10th day of March, 2012 in Accra. 

Both parties are citizens of Ghana. The Petitioner is domiciled in the United States of America (USA) whilst the Respondent is domiciled in Ghana. There are no children of the marriage. 

The Petitioner filed a petition praying the Court that 

a. The customary marriage contracted between the parties be dissolved

b. Any other relief that the Court may deem just.

The Respondent filed a short answer, stating that she has no objection to the  dissolution of the marriage. 

At the hearing of the Petition, the parties were absent. However, the Petitioner was represented by an attorney whilst the Respondent was represented by her Counsel. They indicated that the parties do not intend to give oral evidence but would like to rely on all the various processes so far filed. 

In his petition and witness statement, the Petitioner stated that he left Ghana  and t…

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