SYLVESTER PEPARH VS FELICIA BOADI SIAW
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP GABRIEL NENE KWAO MATE TEYE
Areas of Law
- Family Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
Sylvester Peprah filed for divorce from his wife, citing irreconcilable differences and unreasonable behavior. The court allowed substituted service to the wife in the UK, but she did not respond or appear in court. Citing previous case law, the court ruled that the uncontradicted evidence sufficed to dissolve the marriage under the Matrimonial Causes Act, 1971.
The petitioner Sylvester Peprah a teacher and resident of H/No AMK/GO 16, Amasu in the Bono Region of Ghana filed a divorce petition through his counsel, Joseph Addai Akwaboa on 2/11/2023 praying the court for an order for the dissolution of the marriage ordinance contracted between the petitioner and the respondent on the 20th of February 2020’The petitioner sought leave to serve the respondent out of the jurisdiction which the court granted.
Subsequently, the court ordered for the petitioner and all subsequent processes to be served on the respondent by substituted service through her address in IPSWICH, UNITED KINGDOM, her phone number and her e-mail address.
Subsequently, the matter was set down for trial and the parties were asked to file their respective witness statements and any documents the parties intended to rely on.
The petitioner at every stage of the case duly served on the respondent, however she refused/failed to response to all of them, let alone to appear in court to defend her position.
The petitioner filed the divorce petition as stated earlier on the 7/11/2023 and stated some reasons below why the marriage is said to have broken down beyond reconciliation and the reasons why the marriage should be dissolved.
That the parties have ceased to live together as husband and wife in the United Kingdom(2) That the respondent does not give the petitioner peace of mind in the matrimonial home.
That the respondent disturbs the petitioner and has threatened to have the petitioner deported to Ghana.
The respondent has threatened to kill herself in order for the petitioner to be arrested and jailed in the United Kingdom.
That the parties have not lived as husband and wife for a continues period.
That the respondent has behaved so unreasonably that the petitioner cannot be expected to live with her under the same roof as husband and wife.
It is the case of the petitioner that several attempts to reconcile the differences between the parties have proved futile hence this petition.
That the respondent has caused the petitioner harm, anxiety, pain and distress to the extent that, he cannot be reasonably expected to live with the respondent.
The petitioner thus says that marriage has broken down beyond reconciliation.
The petitioner filed his witness statement and pretrial checklist on 01/02/2024 and same was served on the respondent by way of substituted service and same was duly executed.
The petitioner mounted the witness