Legal Notes

Refers to mode of dissolution of the marriage contract, governed by MCA. S 1(1) either party may present petition to court for divorce, the other may also cross-petition, S 31 either of parties must be a citizen, domiciled in Gh or Ordinary resident in Gh for 3 years’ continuous period. Sole ground for granting petition […]

Brings to an end and different from divorce proceedings depending on period within which it is brought, Nullity-to end on basis of voidable must be within a year of marriage except if void, Divorce-after a year of marriage, S 13 of MCA person may apply for decree of nullity for annulment of void or voidable

Deals with how marriage nature is affected by change of domicile or residence, changing from polygamous to monogamous, compliance with Part three of Cap 127 else conversion isn’t successful. Per In Re Appiah (Decd) Yeboah v Appiah-supra since mandatory provisions of Cap 127 not complied with, celebration in Methodist church not proper, still a customary

Cap 127 Part 3 of Marriages Act, strictly monogamous whereas customary is potentially polygamous-i.e. subsequent marriage under ordinance should be to same woman else bigamy and strict formal statutory requirements should be complied mere intentions won’t suffice per Appiah (Decd) Yeboah v Appiah, Wiredu J though officiating marriage minister since formal requirements not followed merely

Governed by Marriage of Mohammedans Ordinance Cap 129 now Part 2 of Marriages Act. Essentials according to Mulla principles are proposal by or on behalf of parties and acceptance by the other in presence of two males or one male and two female witnesses, proposal and acceptance at same meeting else not valid, per Barake

Yaotey v Quaye – performance of some funeral rites upon man’s death and this a recognized customary marriage between both. Ollenu J marriage not only union between parties but families unless withheld unreasonably. Customary successor is appointed at family meeting from the immediate family of deceased intestate. No vested right to be appointed as such.

Marriages Act 1884-1985, three forms of marriages recognized in Ghana namely: Customary Marriage (Part one), Marriage of Mohammedans (Part two formerly Cap 129) and Christian and other marriages (Part three formerly Cap 127) Appomasu v. Bremawuo – per Apaloo CJ two types of marriage are monogamy and polygamy, after customary marriage church ceremony wasn’t a

Breach may take the form of non-performance (time has come for performance) or anticipatory (time yet to come) Defences include misrepresentation, bad character, mental or body infirmity making marital performance impossible and mutual release. Relief is award of damages only. For Mohammedan unless marriage completes, no rights and obligations arises, only relief is the return

A contract, set aside only by decree of nullity, Hyde v Hyde (1866) Lord Penzance – Marriage as in Christendom is voluntary union for life of one man and one woman to exclusion of all others. But polygamy a legally recognizable marriage in Christendom although valid per the lex loci of such country. Matrimonial Causes

Group tracing ancestry through common male or female, Patrilineal – common male ancestry, Matrilineal – common female ancestry Eshun v Johnfia (82-83) Matrilineal subject dies intestate, property devolves not on widow and children but matrilineal family and customary successor. Widow and children have possessory life interest in self acquired property, but just enjoyment of family