ASAREBOTWE (MRS.) JA
This is an Interlocutory Appeal from a decision of the High Court, Agona Swedru dated the 1 st day of July, 2021 granting an application for Joinder brought by Applicant/Respondent, Mercy Agyeiwaa.
The Notice of Interlocutory Appeal was filed on the 15 th of July, 2023.
The Grounds of Appeal are as follows;
a. The Learned Trial Judge erred in law when she ordered that the Applicant/Respondent, Mercy Agyeiwaa should be joined to the suit as a CoRespondent.
PARTICULARS OF ERROR
i. That the Trial Judge erred when she held that Mercy Agyeiwaa was an alleged adulterer when the said Mercy Agyeiwaa had denied that assertion in her affidavit in support.
ii. That the Trial Judge erred when she held that Mercy Agyeiwaa was to be added to the divorce petition as an alleged adulterer when she had declared herself to be 2 nd wife and not an adulterer.
b. The Judgment is against the weight of evidence
c. Additional grounds to filed [sic] upon receipt of the record of appeal.
( Please see pages 360 to 361 of the ROA)
The Petitioner/ Appellant is seeking an order setting aside the ruling of the lower Court for the matrimonial cause to be determined between the Petitioner, Vida Yeboah and the Respondent, Dr. Stephen.
THE BACKGROUND OF THE CASE
It is important to set out and assess the tortious and somewhat acrimonious nature of the substantive Matrimonial Cause before the Court below since it has a bearing on what the outcome of this Appeal ought to be.
This case commenced with the issuance of a Petition at the High Court on the 26th of April, 2024 in which Petitioner/Appellant gave the antecedents of the marriage between her and the Respondent/Respondent under customary law in 1990 after which she states that the marriage was converted into an ordinance marriage on the 11 th of January, 2014. The Petitioner/Appellant sets out what she says is a long history of marriage and working together as a result of which they have acquired a long list of assets which number about eighty (80) and several bank accounts.
The Petitioner/Appellant states that the marriage has produced six (6) children, some of whom are already adults.
The Petitioner/Appellant says that the marriage has broken down beyond reconciliation due, in part to adultery on the part of the Respondent/Respondent with the Applicant/Respondent, Mercy Agyeiwaa and other unreasonable behavior which have been copiously particularised in the Petition but will not bear repeating in th
