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1 Jan 1932

Family And Children [1932] EACA 5

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

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1 Jan 1932

Family And Children [1932] EACA 36

A v B

A v B (Cause 2/1932.) [1932] EACA 36 (1 January 1932)

Court: East African Court of Appeal
Case number: Cause 2/1932.
Judge: Lucie-Smith, J. (Kenya)

The court held that the marriage, though celebrated by a person not duly authorized, was valid under the Marriage Ordinance because there was no evidence that the parties knowingly and wilfully acquiesced in the irregularity. On the issue of impotence, the court found that the petitioner failed to discharge the burden of proof required to establish permanent impotence or invincible repugnance, especially given the short period of cohabitation (fourteen days). The evidence did not support a finding of physical incapacity or uncontrollable nervous condition sufficient to render the respondent p…