[1975]DLCA373 • November 28, 1975 • Court of Appeal
CLERK vs. CLERK
The parties, married for approximately 46 years with five adult children, found it impossible to continue cohabiting. An earlier petition by the husband was dismissed in 1964. The present petition, filed in 1971 under the English Divorce Reform Act 1969 (mirrored by Ghana's Matrimonial Causes Act 1971), sought divorce on the ground of irretrievable breakdown of the marriage, specifically that the parties had lived apart continuously for at least five years preceding the petition. The substantive merits of the case were not contested in this appeal; the dispute centered on procedural issues regarding the petition's signature and amendment.
read moreJUDGMENT OF FRANCOIS J.A. Francois J.A. delivered the judgment of the court. The parties herein were married some 46 years ago and have five children who have all attained the age of maturity. Towards the twilight of their lives they have found it impossible to live together. An earlier petition of the husband was dismissed in December 1964 (see [1964] G.L.R. 712). The present petition was filed on 29 July 1971. The ground relied on was the irretrievable break-down of the marriage, and the enactment under which proceedings were commenced was the English Divorce Reform Act, 1969 (c. 55), which heralded our own Matrimonial Causes Act, 1971 (Act 367). The English Divorce Reform Act, 1969, s. I provides that the sole ground on which a petitioner can secure a divorce is the irretrievable break-down of a marriage. The petitioner must however prove specific facts within one or other of five heads to secure a dissolution. Under section 2 (1) (e), the relevant section herein, the res...