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OSEI-HWERE J.

1978

HIGH COURT

GHANA

CORAM

  • OSEI-HWERE J

Areas of Law

  • Family Law

AI Generated Summary

Justice Osei-Hwere adjudicated a divorce petition between University of Cape Coast accounts employee John Yaw Danquah and senior school teacher Mary Dawson Amoah (Mary Danquah), married in 1958 and parents of two university-educated daughters. Danquah alleged that Mary left the matrimonial home in 1971 after a misunderstanding and had committed adultery with persons unknown; he also relied on five years’ separation under the Matrimonial Causes Act, 1971 (Act 367). Mary’s answer denied adultery, accused Danquah of violent conduct and expelling her following their elder daughter’s pregnancy, and cross-petitioned alleging his adultery with Grace Bennin. At hearing, Mary did not testify and did not oppose; Danquah offered sparse evidence and declined to prosecute his adultery charge. Applying Act 367 sections 1(2), 2(1) and 2(3), and emphasizing statutory candour and reconciliation efforts (s.8(1)), the court found no proven adultery, insufficient evidence of irreconcilable breakdown, and dismissed both petition and cross-petition without costs.

JUDGMENT