[2023]DLSC16110March 2, 2023Supreme Court

DR. GILBERT ANYETEI vs. MRS. SUSSANA ANYETEI

The parties, both Ghanaian nationals residing in South Africa, married in Accra in 1990 and had two children. The husband, a medical doctor, filed for divorce in 2009 alleging the wife was unfaithful and disrespectful. The wife denied these allegations and counterclaimed for divorce, custody, and 50% share of jointly acquired properties. The marriage lasted about 20 years, with both parties contributing financially and otherwise to the family and property acquisition. The properties in dispute included multiple houses in South Africa and Ghana, some registered in the husband's name, some jointly, and some under his company.

read more

JUDGMENT PWAMANG JSC:- My Lords, on 10th June, 2009, the petitioner/appellant/respondent (the husband) commenced divorce proceedings against the respondent/respondent/appellant (the wife) in the High Court, Accra. At the time of filing the case, the parties were both Ghanaians resident in the Republic of South Africa. The marriage itself was contracted under the Marriages Ordinance, 1951 Rev (Cap 127) on 24th October, 1990 in Accra. They have two children between them who were aged 17 years and 11 years. The husband was a medical doctor trained in Ghana and worked with the Ghana Health Service briefly before re-locating to South Africa to seek greener pastures. The wife is a biochemist by training and left Ghana to join the husband in South Africa. Initially, the husband worked as a government medical officer in South Africa. He subsequently embarked on further medical studies in South Africa and qualified as a specialist gynaecologist. After that he set up private medical practice...