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KOFI ATAKORA
V.
ELIZABETH ABENA DARKO

(2019) JELR 108157 (HC)

High Court 28 Feb 2019 Ghana
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- The petitioner filed a petition for divorce and prayed for dissolution of the customary marriage and ancillary reliefs. - The court found that the customary marriage was a nullity because the respondent was already married to another pers

Case Details

Suit Number:SUIT NO. BDMC/88/12
Judges:BARBARA TETTEH-CHARWAY
Counsel:1. CANDY FRIMPONG BAIDOO FOR PETITIONER - PRESENT 2. LISA ACQUAH FOR FIONA ASAFO ADJAYE FOR RESPONDENT - PRESENT

JUDGMENT 

The Petitioner, Kofi Atakora, filed a petition for divorce against the Respondent, Elizabeth  Darko. Among others, he prayed for dissolution of the customary marriage celebrated by the  parties and for ancillary reliefs. After evidence had been taken on the preliminary issue of  whether or not their purported marriage was a nullity, the Court found that the customary  marriage celebrated between the parties was a nullity because the Respondent was in a  subsisting ordinance marriage with another man that had not been dissolved at the time she  purported to enter into a customary marriage with the Petitioner.  

In view of this finding, I proceeded to annul the customary marriage between the parties and  pursuant to the provisions of section 21 of the Matrimonial Causes Act, 1971, Act 367, invited  the parties to adduce evidence to enable the Court to make a determination of the ancillary  reliefs sought by both sides.  

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