Login Register


(1983) JELR 64944 (HC)

High Court  •  30 May 1983  •  Ghana




The proceedings in this petition for dissolution of marriage are part-heard before this court. The petitioner had already called three witnesses and she was in the course of giving her evidence-in-chief when the respondent’s counsel announced that his client would not contest the petition provided the petitioner would consent that the court expunged from the record her testimony about the respondent’s alleged matrimonial offences. He had consulted the petitioner’s counsel in anticipation and so he readily gave the petitioner’s consent. The view was expressed in court that the court cannot force marriage on parties who no longer desire to live together as man and wife.

The Matrimonial Causes Act, 1971 (Act 367), does not permit spouses married under the Marriage Ordinance, Cap. 127 (1951 Rev.), to come to court and pray for the dissolution of their marriage just for the asking. The petitioner must first satisfy the court of any one or more of those facts set out in section…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login