I am a wife, not ‘side chick’ — SC joins woman to divorce suit of ordinance wife

The Supreme Court of Ghana has ruled that a woman who claims to be the customary wife of a man may be joined to divorce proceedings brought by his ordinance wife, where her alleged marriage and property interests are directly connected to the dispute before the court.

The decision was given in the case of Vida Yeboah v Dr Stephen Yeboah and Mercy Agyeiwaa, decided on 29 April 2026.

The case arose after Vida Yeboah filed for divorce against her husband, Dr Stephen Yeboah, at the High Court in Agona Swedru in April 2019. She alleged that the marriage had broken down beyond reconciliation and relied on adultery as one of the facts supporting her petition.

In her petition, Vida named Mercy Agyeiwaa as the woman allegedly involved with her husband. She claimed that Dr Yeboah had moved Mercy from Kasoa into a flat about 20 feet from the matrimonial home at Gomoa Oguakrom.

Mercy, however, denied that she was merely an alleged lover or “side chick”. She applied to be joined to the divorce proceedings, saying she was already Dr Yeboah’s customary wife.

According to Mercy, her customary marriage to Dr Yeboah took place on 15 July 2012, about two years before Vida and Dr Yeboah contracted their ordinance marriage in 2014. She said she had photographs of the customary marriage ceremony and witnesses to support her claim.

Mercy also claimed that she had contributed financially to some of the properties Vida was asking the court to divide equally.

The High Court allowed Mercy to join the case, but the Court of Appeal later reversed that decision. The Court of Appeal took the view that her participation would complicate the divorce proceedings.

The Supreme Court disagreed. It restored Mercy’s joinder and ordered that the case return to the High Court for trial.

The apex court made it clear that its decision does not mean every person accused of having an affair with someone’s spouse can join divorce proceedings. It said persons commonly described as “side chicks” or “side guys” generally have no place as parties in divorce cases if their only role is to admit or deny an alleged affair.

In such cases, the court said, they may only be called as witnesses.

The court noted that under Section 12 of the Matrimonial Causes Act, 1971, joinder is not automatic. The law uses the word “may”, meaning the decision remains within the discretion of the court.

What made Mercy’s case different, the Supreme Court held, was that she raised substantial legal issues beyond the adultery allegation.

First, she claimed a prior customary marriage which, if proved, could affect the validity of the later ordinance marriage between Vida and Dr Yeboah. Second, she claimed an interest in properties that were part of the reliefs sought in the divorce petition.

The court therefore found that her presence was necessary to enable the High Court to determine the real issues in dispute and avoid deciding the case in a way that could affect her alleged rights without hearing her.

The ruling provides fresh guidance for matrimonial litigation in Ghana. It draws a practical line between a person merely named in a divorce petition and a third party who has an independent legal claim that may be affected by the outcome of the proceedings.