MARIAM PARTEY V. WILLIAM PARTEY

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- The Court of Appeal held that a divorce decree granted without the court inquiring into evidence—specifically whether the marriage had broken down beyond reconciliation as mandated by s.2 of the Matrimonial Causes Act, 1971 (Act 367)—is a

Case Details

Suit Number:CIVIL APPEAL SUIT NO. H1/183/2013

Judges:KUSI-APPIAH J.A. (PRESIDING), GYAESAYOR J.A., DZAMEFE J.A.

Counsel:MR. OSAFO BUABENG FOR THE RESPONDENT/APPELLANT,MR. E. SAM CRABBE FOR THE PETITIONER/RESPONDENT

JUDGMENT

KUSI-APPIAH, J.A.

This is an appeal against the ruling of the Circuit Court, Accra, dated 20^th 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 25^th 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 17^th October, 1981 and had three child…

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JUDGMENT

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MARIAM PARTEY
V.
WILLIAM PARTEY