Ratio DecidendiRatio DecidendiRatio Decidendi



ISAIAH BROWN
V.
HELPSOLINA BLAY

(2017) JELR 107734 (HC)    
High Court  ·  SUIT NO. DM/ 0260/2016 ·  19 Jan 2017 ·  Ghana
CORAM
CECILIA DAVIS, J.

Ratio Decidendi

Core Terms Beta
respondent
petitioner
marriage
parties
court
section
man
customary marriage
wife
continuous period
dissolution of the marriage
monogamous marriage
petition
addition
arms of another man
customary law
divorce
good conscience
personal law of the parties
requirements of justice
witness statement
applicable law
application of section
averments of the petitioner
case of a customary law marriage
child custody arrangements
children of the marriage
customary rites
decree
dissolution of this marriage
financial provision
grant of a decree of divorce
hearing of the petition
matrimonial causes act
oral evidence
peculiar incidents of that marriage
persistent false allegations of infidelity
provisions of sections
provisions of this act
reason of such adultery
relief
respondent consents
result of the absence of the petitioner
second child
short answer
united states of america
various conditions
various processes
wilful neglect

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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