SUSANA AZOKO vs ROLANDADABRE AWINE
April 14, 2025
DISTRICT COURT
GHANA
CORAM
- HIS WORSHIP MAWUKOENYA NUTEKPOR (DISTRICT MAGISTRATE)
Areas of Law
- Family Law
- Evidence Law
April 14, 2025
DISTRICT COURT
GHANA
CORAM
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This judgment is in respect of a love affair gone sour, on which shoulders both parties herein have importuned the court to sort out the messy consequences of their marriage which has unravelled. The Roman poet Virgil in his Eclogues asserts that “Omnia vincit Amor” which means love conquers all things. The idiom “Love conquers all” means that love is a powerful force that can overcome any obstacle or difficulty. It suggests that when two individuals are deeply in love with each other, their bond and affection can triumph over challenges, conflicts, or adversities that they may encounter in life. Unfortunately, the empirical evidence from divorce litigation disproves this assertion. If indeed love conquers all, the parties herein would have resolved their matrimonial difficulties or differences.
The Petitioner per her petition for divorce filed on the 22nd day of July, 2024, claims against the Respondent for the following reliefs:
a. An order dissolving her ordinance marriage to the Respondent as having broken down beyond reconciliation.
b. An order giving her custody of her three (3) children she had with Respondent.
c. An order that Respondent pays to Petitioner a sum of GH¢100,000.00 (one hundred thousand Ghana Cedis) being Reasonable compensation for all the stress, pain and sacrifice Petitioner put into the marriage.
d. An order that Respondent pays an amount of GH¢1,500.00 per month being maintenance for Petitioner’s thee children.
e. An order that Respondent contributes to paying the school fees, educational materials, and canteen fees of the children.
f. Cost of the action.
a. An Order of the Court dissolving the ordinance marriage contracted between the Parties in July, 2009 at the Gowrie Catholic Church in the Bongo Parish as having broken beyond reconciliation.
b. An Order granting custody of the three (3) children of the household (two of whom are already with the Respondent) to the Respondent with reasonable access to the Petitioner as the best interest of these children is comparably guaranteed with the Respondent.
c. An Order directed at the Petitioner to pay the Respondent an amount of Two Thousand Ghana Cedis (GH¢2,000.00) for the expenses incurred by the Respondent to bring the child the Petitioner unlawfully removed from school in Bolgatanga to Nkoranza
AI Generated Summary
This District Magistrate Court divorce judgment concerns two teachers who married customarily in 2008 and solemnized under the Ordinance at the Gowrie Catholic Church (Bongo Parish) in July 2009. They cohabited at Zebilla and Gowrie and have three children: Amanda (15), Stanislaus (12), and Danee/Elizabeth (10). Separated since 2015, both sought dissolution and competing custody and financial reliefs. The court held that the Petitioner failed to prove unreasonable behavior, but accepted that diligent reconciliation efforts had failed and the parties had not lived together for at least two years, satisfying statutory grounds for divorce. Applying the paramount best-interests standard, the court maintained the status quo: Amanda and Stanislaus with the Respondent, Danee/Elizabeth with the Petitioner, with reciprocal vacation access and shared transport costs. Respondent must pay GHC500 monthly maintenance for the youngest child and cover educational and medical expenses, with Petitioner supporting. Respondent’s GHC100,000 compensation claim was dismissed for lack of proof, while Petitioner was awarded GHC30,000 as financial settlement. The marriage was dissolved, and no order as to costs was made.