Uganda Case Law

Johan Drecgembrcek v Kerin Coolen & Another (Divorce Cause 11 of 1992)

Johan Drecgembrcek v Kerin Coolen & Another (Divorce Cause 11 of 1992) [1992] UGHC 30 (22 October 1992)

Court

High Court of Uganda

Case number

Divorce Cause 11 of 1992

Judge

Kireju, J

The court found that the petitioner, a Belgian national, had acquired domicile of choice in Uganda through his residence, property ownership, intention to invest, and plans to apply for citizenship, thereby conferring jurisdiction to the High Court of Uganda to hear the petition. The evidence presented, including the respondent's admission of adultery and corroborating witness testimony of cohabitation and opportunity, was sufficient to establish adultery on the balance of probability. The respondent's failure to contest the allegations further supported the petitioner's case. The court held…

Source excerpt

• Dissolution Of Marriage
• Adultery
• Domicile Of Choice
• Jurisdiction Of Court

Johnson v Johnson (Divorce Cause No. 55 of 1949)

Johnson v Johnson (Divorce Cause No. 55 of 1949) [1950] EACA 627 (1 January 1950)

Court

East African Court of Appeal

Case number

Divorce Cause No. 55 of 1949

Judges

Nihill, C.J

The court granted a decree nisi of nullity, holding it had jurisdiction because the petitioner was domiciled in Kenya and bona fide resident there.

• Nullity Of Marriage
• Jurisdiction In Nullity
• Domicile Of Choice
• Impotence As Ground
• Matrimonial Causes Ordinance
• Nullity-of-marriage

In the matter of Patel and In the matter of an application for the issue of directions in the nature of habeas corpus, Section 387 of the Criminal Procedure Code

In the matter of Patel and In the matter of an application for the issue of directions in the nature of habeas corpus, Section 387 of the Criminal Procedure Code (Miscellaneous Criminal Application No. 17 of 1948) [1948] EACA 91 (1 January 1948)

Court

East African Court of Appeal

Case number

Miscellaneous Criminal Application No. 17 of 1948

Judge

Nihill P, Thacker J

The court held that the applicant failed to discharge the burden of proving, with perfect clearness, that he had acquired a Kenya domicile of choice by the relevant date. The applicant's declarations of intention to settle permanently in Kenya were not supported by sufficient acts or circumstances demonstrating abandonment of his Indian domicile. The court emphasized that animus manendi must be accompanied by clear acts, and mere residence or ex post facto declarations are insufficient. The applicant's continued residence with relatives, lack of independent establishment, and the circumstance…

Source excerpt

• Habeas Corpus
• Deportation Orders
• Domicile Of Choice
• Burden Of Proof

Leon Zimbler v Gladys Zimbler

Leon Zimbler v Gladys Zimbler (Civil Appeal No. 1 of 1948) [1948] EACA 4 (1 January 1948)

Court

East African Court of Appeal

Case number

Civil Appeal No. 1 of 1948

Judge

Coffey AgJ, Edwards CJ, Graham Paul CJ

The Court of Appeal held that the trial judge applied too high a standard in rejecting evidence of intended domicile. The appeal was allowed and remitted.

• Divorce
• Domicile Of Choice
• Burden Of Proof
• Matrimonial Causes
• Residence Requirement
• Domicile-of-choice

Mary Devonshire v Claude Devonshire

Mary Devonshire v Claude Devonshire (Civil Appeal No. 17 of 1947) [1947] EACA 7 (1 January 1947)

Court

East African Court of Appeal

Case number

Civil Appeal No. 17 of 1947

Judge

Edwards CJ, Graham Paul CJ, Nihill P

The Court of Appeal held that the petitioner had established, on the evidence, that her husband had acquired a domicile of choice in Kenya, thus conferring jurisdiction for the divorce proceedings. This was based on the respondent's continuous residence in Kenya for twelve years, sale of his property in England, lack of property or family ties in England, and his stated intention to make Kenya his permanent home. However, the appeal failed because the evidence of adultery was insufficient. The only direct evidence, the testimony of Moran, was inadequate, and the alleged admissions of adultery…

Source excerpt

• Divorce
• Matrimonial Causes
• Domicile Of Choice
• Jurisdiction
• Adultery
• Burden Of Proof

Heyer v Gill (C.A. 30/1933.)

Heyer v Gill (C.A. 30/1933.) [1937] EACA 54 (1 January 1937)

Court

East African Court of Appeal

Case number

C.A. 30/1933.

Judge

Horne J, Lucie-Smith Ag CJ (Kenya), Sheridan CJ

The Court of Appeal held that there was insufficient evidence that Charles Alfred Heyer abandoned his domicil of origin and acquired a South African domicil.

• Domicile Of Origin
• Domicile Of Choice
• Burden Of Proof
• Community Of Property
• Conflict Of Laws
• Marriage And Property Rights