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MADAM ADWOA NKRUMAH
V.
SAMUEL AKWASI ESHUN

(2018) JELR 67061 (CA)

Court of Appeal 15 Oct 2018 Ghana
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- The appellant petitioned for dissolution of a customary marriage celebrated in 1952, alleging irretrievable breakdown due to infidelity, violence, and exclusion from the matrimonial home by the respondent, who cohabited with a mistress. -

Case Details

Suit Number:CIVIL APPEAL SUIT NO. H1/40/2017
Judges:ADUAMA OSEI JA (PRESIDING), DZAMEFE JA, M. WELBOURNE JA
Counsel:SARFO GYAMFI FOR PETITIONER/APPELLANT; NO REPRESENTATIVE FOR RESPONDENT

JUDGMENT

DZAMEFE, JA

This is a divorce proceeding filed by the petitioner appellant, hereinafter referred to as the appellant, for the dissolution of her marriage under customary law celebrated in 1952 with the respondent.

She alleged the said marriage to the respondent has broken down beyond reconciliation and that the respondent’s behaviour is so unreasonable that she cannot reasonably be expected to continue cohabiting with him.

She averred further that during the subsistence of the marriage the respondent was a womanizer, extremely violent and constantly assaulted her. That the respondent during the subsistence of the marriage committed adultery by keeping a mistress and begat three children with the said mistress who currently lives with the respondent at Asonomaso, Ashanti.

The petitioner averred further that she was a successful farmer and trader while the respondent was a driver. That during the subsistence of the marriage, they both pulled resources together and cultivated cocoa f…

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