Ratio DecidendiRatio DecidendiRatio Decidendi



YVONNE BUSTER-MENSAH
V.
EMMANUEL KOMLA AKOTO

(2017) JELR 107707 (HC)    
High Court  ·  SUIT NO. DM/0321/2016 ·  17 Feb 2017 ·  Ghana
CORAM
JENNIFER A. TAGOE

Ratio Decidendi

Core Terms Beta
children
court
petitioner
respondent
dissolution of the marriage
cross-examination
half siblings
older children
unreasonable behaviour
academic performance
best interest of the child
children samuel kobla akoto
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court finds
court’s desire
court’s duty
cross examination
duty of the court
enough evidence of unreasonable behaviour
father of the children
financial institution
firm conviction of the court
full custody of the children
gift afi mawuena akoto
importance of a young child
important matters
instant case
interest of the children
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justice jennifer a. tagoe
main ground
maintenance of the children
mother of the children
natural thing
none of the parties
normal circumstances
older siblings
particulars of the respondent
provisions of the matrimonial causes act
reasonable access
respondent cross
respondent’s last child
respondent’s last child bullies samuel
school day
text messages
unhealthy practice
unreasonable manner
unredemptive status of the marriage
young children

JUDGMENT

TAGOE, J.

The parties were married under the ordinance in October 2005 and have two children. Before the petitioner filed for a dissolution of the marriage in court in 2016, their two families had met in November 2014 and customarily dissolved the union they formed prior to the conversion. That to them signifies the unredemptive status of the marriage for they had lived apart for six years as at the time of trial. 

The ground pleaded by the petitioner is that the respondent has “conducted himself in an unreasonable manner that the petitioner cannot be expected to live with him as a wife”. She did not provide particulars of the respondent’s unreasonable behaviour that drove her to take this decision in spite of the tender ages of their two children.

The respondent denied he has behaved unreasonably and alleged it is the petitioner rather who has behaved unreasonably. He hinted at what to him was her unreasonable behaviour and it appears to be bordered on her going home late accor…

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