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JOHN v. JOHN AND ANOTHER

July 28, 1972

HIGH COURT

GHANA

CORAM

  • ABOAGYE J

Areas of Law

  • Family Law
  • Evidence Law

AI Generated Summary

ABOAGYE J. determined a matrimonial petition in which the petitioner sought to dissolve his marriage to the respondent for irretrievable breakdown attributed to cruelty and adultery, and also sought damages against the co-respondent for adultery. The respondent and co-respondent, though served, did not enter appearance. The petitioners account described frequent late-night outings and a dawn observation of the respondent dressing in the co-respondents bedroom, while Dr. Margaret Earle of the University of Ghana testified that the respondent admitted an affair in late 1970 and that reconciliation was hopeless by August 1971. The court found the marriage had broken down beyond reconciliation due to the respondents ongoing adulterous association and cruel conduct, including insults and refusal to relocate to Tesano. Interpreting the Matrimonial Causes Act, 1971, the court held English statutes had ceased to apply and, because Act 367 provides no damages remedy against an adulterer, dismissed the damages claim. Divorce was granted, and costs of .00 were awarded against the co-respondent.

JUDGMENT