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LYDIA KWAO V PASCAL MUAKO TCHEMO

(2017) JELR 92067 (CA)

Court of Appeal 20 Jul 2017 Ghana
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- The parties entered into a marriage ceremony on 30 August 2003 in Ghana, though the appellant had a subsisting marriage contracted in Canada on 18 May 2000, which was dissolved only on 3 June 2006, and a customary marriage in Cameroon. -

Case Details

Suit Number:CIVIL APPEAL NO. H1/96/2017
Judges:MARFUL-SAU,JA (PRESIDING), AVRIL LOVELACE- JOHNSON, JA, HENRY KWOFIE,JA
Counsel:JOSEPH N. NKRUMAH FOR APPELLANT, DICKSON TWENEBOAH KODUA FOR RESPONDENT

J U D M E N T

MARFUL-SAU,JA :- This appeal is against the judgment of the High Court, Accra which was delivered on the 10th of December 2015. Both parties in their amended pleadings before the court prayed that the marriage that was celebrated on the 30th August 2003 be dissolved on ground of nullity, since it was apparent that the respondent/ appellant had a subsisting marriage with one Suzanne Nkwekwe in Canada, which was contracted on the 18th May, 2000 and was dissolved on 3rd June 2006. It was also revealed that the respondent/appellant herein to be referred to as appellant had another wife in Cameroun with whom he had two children. On these facts the trial High Court after taking evidence from the parties and witnesses declared the marriage between the parties, celebrated on the 30th August 2003 a nullity and by way of property settlement, ordered that properties acquired by the parties during the subsistence of the marriage be shared equally, as they were jointly acquired.

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