Uganda Case Law

A v B (C.A. 9/1932.)

A v B (C.A. 9/1932.) [1932] EACA 5 (1 January 1932)

Court

East African Court of Appeal

Case number

C.A. 9/1932.

Judge

Barth, C.J (Kenya), Johnson AJ, Law, J. (Uganda)

The Court of Appeal found that the respondent's persistent refusal to consummate the marriage, her steadfast refusal to return to the appellant despite repeated opportunities, and her refusal to submit to medical examination, together justified a legal presumption of incapacity to consummate the marriage. The court rejected the trial judge's reliance on the short period of cohabitation, holding that no fixed period is required by law and that the facts demonstrated incapacity rather than mere wilful refusal. The authorities cited established that such circumstances warrant a decree of nullity…

Source excerpt

• Nullity Of Marriage
• Impotency
• Consummation
• Legal Presumption
• Cohabitation Period