Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



MARIAM PARTEY
V.
WILLIAM PARTEY

(2013) JELR 65563 (CA)    
Court of Appeal  ·  CIVIL APPEAL SUIT NO. H1/183/2013 ·  24 Oct 2013 ·  Ghana
CORAM
KUSI-APPIAH J.A. (PRESIDING), GYAESAYOR J.A., DZAMEFE J.A.

Ratio Decidendi

Core Terms Beta
court
parties
respondent
counsel
appeal
dissolution of the marriage
order
learned trial judge
divorce proceedings
matrimonial causes act
trial court
time limit
airport west
circuit court
house no.
reasonable time
trial circuit court
appellant’s application
favour of the petitioner
fundamental breach
grounds of appeal
instant case
inter alia
judgment of the court
above authority
celebration of the marriage
custody of the children of the marriage
darko vrs
date of the judgment of the supreme court
express provisions of the matrimonial causes act
facts of this case
financial provision
following cases
following grounds
mrs. mariam ivy partey
parish church
part of the respondent
portlet court
record of appeal
ruling of the circuit court
said application
similar sentiments
statement of case
sub-section

JUDGMENT

KUSI-APPIAH, J.A.

This is an appeal against the ruling of the Circuit Court, Accra, dated 20th day of April, 2012, in favour of the Petitioner/Respondent against the Respondent/Appellant. I will refer to the parties in the manner they appeared at the court below.

By her petition filed on 25th day of May, 1999, the petitioner prayed for:-

“a. An order for dissolution of the marriage.
b. An order for maintenance pending suit.
c. An order restraining respondent from bringing prospective buyers to H/No. 113 Airport West, Dzorwulu to view same.
d. That petitioner be given custody of the children of the marriage.
e. An order for liberty to apply for financial provision.”

The facts of this case are not in dispute. The petitioner pleaded in the main that the marriage between her (Mrs. Mariam Ivy Partey) and the respondent herein, Mr. William Kofi Partey was celebrated under the ordinance at the Parish Church, St. Gabriel, Cricklewood, London, England on 17th October, 1981 and had three child…

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