Legal practitioner Joseph Ackah-Blay has disclosed that the Supreme Court of Ghana has clarified that persons accused of having affairs with married spouses are not automatically entitled to join divorce proceedings as parties.
According to him, the apex court held that such individuals may only be joined where they raise substantial legal issues directly connected to the dispute before the court.
In an X post on May 6, 2026, Ackah-Blay cited the Supreme Court decision in the case of Vida Yeboah v Dr Stephen Yeboah & Mercy Agyeiwaa.
“The court answered: not always. Sometimes yes,” he wrote while explaining whether a person named as ‘the other woman’ in a divorce petition must be joined to the case.
The case arose in April 2019 when Vida Yeboah filed for divorce against her husband, Dr Stephen Yeboah, at the High Court in Agona Swedru, alleging adultery and naming Mercy Agyeiwaa as the woman involved with her husband.
According to the petition, Dr Yeboah had allegedly moved Mercy from Kasoa into a flat situated close to the matrimonial home in Gomoa Oguaakrom.
Mercy later applied to be joined to the suit, insisting she was not merely a ‘side chick’ but rather Dr Yeboah’s customary wife since July 15, 2012, two years before his 2014 ordinance marriage to Vida.
“She said she was already the husband’s customary wife from 15th July 2012, two whole years before Vida and Stephen’s 2014 ordinance wedding,” Ackah-Blay stated.
He added that Mercy tendered photographs of the customary marriage ceremony, identified witnesses and claimed she had contributed financially to properties Vida wanted shared equally in the divorce settlement.
While the High Court allowed her joinder application, the Court of Appeal later overturned the decision, ruling that her presence would only ‘murky the waters.’
However, the Supreme Court restored her as a party to the case and directed the High Court to continue with the trial.
The apex court cautioned that the ruling should not be treated as a blanket invitation for all persons accused of affairs to become parties in divorce proceedings.
“In its own words, persons commonly referred to in Ghana as ‘side chicks’ or ‘side guys’ generally have no place as parties in a divorce,” Ackah-Blay quoted the court as saying.
The court explained that under Section 12 of the Matrimonial Causes Act, 1971, joinder remains discretionary because the law uses the word ‘may’ rather than ‘shall.’
“It noted that Section 12 of the Matrimonial Causes Act 1971 uses “may”, not “shall” and that joinder is at the discretion of the court, not automatic,” it indicated.
According to the ruling, Mercy Agyeiwaa’s case was exceptional because she raised legal questions relating to a competing customary marriage and a claim to disputed properties, making her presence necessary for the determination of the matter.
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