SAMUEL KWADWO APPIAH VS PATRICIA ASAMOAH
2022
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE CYNTHIA WIREDU, HIGH COURT JUDGE
Areas of Law
- Family Law
- Civil Procedure
- Property and Real Estate Law
2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
In the High Court, Her Ladyship Justice Cynthia Wiredu (Mrs.) dissolved the marriage of two parties who wed on 18 August 2017 at the Registrar-Generals Department in Accra. After considering the petition, the answer, and the evidence on record, the court found that the marriage had broken down beyond reconciliation. The parties had filed terms of settlement dated 27 July 2022, which the court adopted as part of its judgment, thereby binding the parties. The settlement provided, among other things, that the Petitioner would transfer to the Respondent absolutely a parcel of land situated at Dawhenya Bundase in the Ningo Prampram District, with a letter evidencing the transfer. The agreement also included enforcement provisions, limits on amendment or variation, and the parties desire for the terms to be made an order of the court. The court cancelled the marriage certificate and made no order as to costs.
I have considered the petition and the answer. I have evaluated the evidence on record and I have come to the conclusion that the marriage between the parties has broken down beyond reconciliation and same is hereby dissolved.
The marriage certificate is hereby cancelled.
The terms of settlement filed by the parties on the 27th July, 2022 is adopted as part of the judgement of the court and the parties are bound by it.
The terms are as follows:
1. That the marriage between the parties celebrated on the 18th day of August, 2017 at the Registrar-General’s Department, Accra be dissolved by the court.
2. That the Petitioner agrees to settle in favor of the Respondent absolutely, ALL THAT PARCEL of land situate lying and being at Dawhenya Bundase in the Ningo Prampram District, which previously stood in their names [Please see Exhibit 1].
3. That the Petitioner has consequently executed a letter evidencing the transfer of his interest in the land aforementioned to the Respondent [Please see Exhibit 2].
4. That a party not in default of this agreement is entitled to enforce these terms against the defaulting party.
5. That each person will bear his or her own legal cost in this petition.
6. (a) No addition to, alteration, variation or cancellation of this agreement shall be of any effect or any force unless reduced to writing and signed by both parties.
(b) Either party reserves the right to plead the filing of these terms of settlement as a complete defence and or further suits brought against each other, in respect of any and or all the reliefs being sought by each party.
7. The parties desire that this agreement be made an order of the court on the granting of a decree of divorce or dissolution of the marriage.
No order as to cost.
[SGD.]
H.L. JUSTICE CYNTHIA WIREDU (MRS.)
(JUSTICE OF THE HIGH COURT)