AFIA BENEWAA KOMMEH (PETITIONER) vs. ROCKY PAA KWESI KOMMEH (DEFENDANTS)

In this divorce suit like in many others, this court is mainly to determine whether the marriage contracted by the parties has broken down irretrievably, why it has come to be so and then consider the ancillary matters of property and financial settlements. As I can see, the parties in their pleadings and their evidence appear readily amenable to the dissolution of the marriage. This however is not dispositive of the issue. In the case of ASH VRS ASH (1972)1 ALL ER 582 where the parties were at issue as to the breakdown of their marriage, BAGNALL J in applying Section 2(1) of the English Divorce Reform Act the language of which was the same as the Section 2(3) of our Matrimonial Causes Act posed the question simply thus: “Am I satisfied on all the evidence that the marriage has not broken down irretrievably.” Then he went on to answer thus: “Simple assertion either way it seems to me cannot suffice. What I have to do is to examine the whole evidence placed before me including...