[2024]DLCA17934October 24, 2024Court of Appeal

ISAAC YORKE vs. CHRISTINA YORKE

The parties, married in 1993 under Cap 127, experienced irreconcilable differences leading to a divorce petition filed by the Petitioner in 2015. The dispute involved dissolution of marriage, custody of two children, property settlement including a matrimonial home at Anyaa and a property at Dahwenya, and financial provision. The Respondent denied misconduct allegations but admitted the marriage breakdown due to Petitioner's adulterous conduct and sought custody, property interests, and maintenance.

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JUDGMENT GIFTY AGYEI ADDO JA INTRODUCTION The appeal before us, which was filed on 9th August 2022, emanates from a divorce, custody of the two children, property settlement as well as financial provision of the parties herein, before the Circuit Court, Accra. In this delivery, the designation of the parties in the court below, that is the Petitioner and the Respondent, shall be maintained for ease of reference. BACKGROUND The facts relevant to this appeal are as follows: Per his petition, filed on 11th June 2015, before the Circuit Court, Accra, the plaint of the Petitioner was that his marriage with the Respondent, which marriage was celebrated under Cap 127 sometime in 1993, was so bedeviled with irreconcilable differences such that it was no longer possible for the parties to co-exist in a marriage union. The Petitioner therefore prayed as follows: 1) That the said marriage be dissolved; 2) That the Petitioner be granted custody of two issues of the marriage; namely Is...