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JOHANNES AMO-AYE VS JACQUELINE NAANA NSIAH BOAHENE

October 21, 2022

HIGH COURT

GHANA

CORAM

HER LADYSHIP JUSTICE CYNTHIA WIREDU (MRS.)

Areas of Law

Family Law

AI Generated Summary

This High Court judgment by Her Ladyship Justice Cynthia Wiredu (Mrs.) resolves a matrimonial dispute brought on a petition, answer, and cross-petition between two married parties. After considering the pleadings and evaluating the evidence, the court found the marriage had irretrievably broken down, emphasizing that reconciliation attempts undertaken by family and friends were unsuccessful. Applying Section 2 of the Matrimonial Causes Act 1971 (Act 367), the court ordered dissolution of the marriage. The court also directed that the marriage certificate be cancelled, explicitly freeing each party to remarry. Because the parties had filed terms of settlement on 24 May 2022, the court adopted those terms into the final judgment and bound both parties to them. Finally, the court addressed costs, ruling that each party should bear his own cost, thereby concluding the proceedings and clarifying post-dissolution rights and obligations.

JUDGMENT

I have considered the petition, the answer and the cross-petition. I have evaluated the available evidence on record and I am of the opinion that the marriage between the parties has broken down beyond reconciliation as all attempts by family and friends to reconcile the parties has been unsuccessful. See Section 2 of the Matrimonial Causes Act 1971, Act 367. The marriage is hence dissolved.

The marriage certificate is cancelled and each party now is free to remarry.

The terms of settlement filed by the parties on the 24th day of May, 2022 is hereby adopted as part of the final judgment of this court and the parties are bound by it.

Each party is to bear his own cost.

H.L. JUSTICE CYNTHIA WIREDU (MRS.)

(JUSTICE OF THE HIGH COURT)