KOTEI vs. KOTEI

The parties were married in 1962 and separated in April 1968. After returning from the United Kingdom, the petitioner-husband was posted to Kumasi and, due to lack of suitable accommodation, the respondent-wife and the children remained in Accra. The wife visited him only twice in Kumasi, once to collect personal belongings and once when they slept in separate rooms. The husband later lived with another woman and had three children with her. He petitioned for divorce on the basis that the marriage had broken down beyond reconciliation, relying on five years’ continuous separation under section 2(1)(e) of the Matrimonial Causes Act, 1971 (Act 367). The wife opposed the petition, asserting that she still loved him and remained willing to reconcile. Portion of judgment: “The husband and wife were married in 1962. In April 1968 they separated and have since not lived as man and wife… Whereas the husband says that their marriage has broken down beyond reconciliation she asserts the contrary…”