SARKODEE J.: The husband and wife were married in 1962. In April 1968 they separated and have since not lived as man and wife. Very little explanation for the separation was offered except that in 1967 when the parties returned from the United Kingdom (where the petitioner undertook some training) the petitioner went to Kumasi on posting. He had no suitable accommodation and therefore his wife and children had to remain in Accra. Whilst he was in Kumasi she visited him on two occasions only. On the first occasion she went to collect her personal belongings from the petitioner’s house. On the second visit she and the petitioner slept in the petitioner’s house but in separate rooms. Whereas the husband says that their marriage has broken down beyond reconciliation she asserts the contrary and adds that she is still, after six years, waiting for her husband to send for her, that she still loves her husband and will entertain an attempt at reconciliation. There are two children of the mar…
KOTEI
V.
KOTEI
(1974) JELR 66068 (HC)
High Court 17 May 1974 Ghana
BriefBot Summary
- Proof of five years’ continuous separation under section 2(1)(e) of the Matrimonial Causes Act, 1971 (Act 367) is sufficient to establish irretrievable breakdown of marriage and entitles a petitioner to divorce, regardless of matrimonial
Case Details
Judges:SARKODEE J.
Counsel:PETER A. ADJETEY FOR THE PETITIONER; MISS A.A. AYISI FOR THE RESPONDENT.
Other Citations:[1974] 2 GLR 172
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