JOHN V. JOHN AND ANOTHER

ABOAGYE J.: The petitioner herein seeks dissolution of his marriage to the respondent on the ground that the said marriage has broken down beyond reconciliation owing to cruel conduct and adultery on the part of the respondent. The petitioner also claims damages against the co-respondent herein for committing adultery with his wife thereby causing the breakdown of his marriage.

Copies of the petition were served on the respondent and the co-respondent but they did not even enter appearance. In his petition the petitioner stated that the co-respondent had committed adultery with the respondent quite frequently and that since 30 September 1971, the two have been living together in the co-respondent’s flat at Kwabenya. It was further stated in the petition that the respondent had refused to move with the petitioner from Kwabenya where they previously had their matrimonial home to Tesano where the petitioner had been given new accommodation.

The petitioner gave evidence which clearly showed…