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DODOO v. DODDO

1970

HIGH COURT

GHANA

CORAM

  • Edusei J

Areas of Law

  • Family Law
  • Constitutional Law

AI Generated Summary

Edusei J dismissed a Ghanaian matrimonial petition for dissolution after identifying the defence of connivance as an absolute bar. The court explained that connivance is a defence created by the English Matrimonial Causes Act, 1950, and, following Ashong v Ashong (1968) in the Court of Appeal, forms part of Ghana’s matrimonial law despite Archer J’s contrary view in Gall v Gall (1965). The judgment blends doctrinal application with policy critique, urging that marriage, divorce, and inheritance laws mirror Ghanaian social norms rather than Westminster’s legal traditions. Invoking Article 13 of the Constitution of the Second Republic, the court stressed the welfare of women and children and called on Parliament to enact culturally resonant family-law reforms. Applying the binding doctrine, the court dismissed the action.

JUDGMENT