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Uganda decisions
Decisions matching the current search
Leon Zimbler v Gladys Zimbler (Civil Appeal No. 1 of 1948) [1948] EACA 4 (1 January 1948)
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.
Paul v Paul (Cause No. 41 of 1946) [1947] EACA 83 (1 January 1947)
The court held that brief periods of living under one roof did not amount to condonation or resumption of cohabitation, and granted a decree nisi for desertion.
Mary Devonshire v Claude Devonshire (Civil Appeal No. 17 of 1947) [1947] EACA 7 (1 January 1947)
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…
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Turner v Turner (Cause No. 29 of 1942) [1943] EACA 76 (1 January 1943)
The court found that the facts did not establish desertion as required by section 7(b) of the Matrimonial Causes Ordinance, 1939. Although the respondent refused to accompany the petitioner to Tanganyika and later refused sexual intercourse, the parties continued to live together, socialize, and maintain the outward form of marriage at the Avenue Hotel. The authorities make clear that desertion requires more than refusal of sexual relations or living in separate rooms; it requires abandonment or causing the other spouse to live apart. The evidence showed that the parties continued to cohabit…
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Medcalfe v Medcalfe (Divorce Cause No. 3 of 1941) [1940] EACA 48 (1 January 1940)
The court granted a decree nisi for divorce on desertion, finding domicile proved, no culpable delay, and both separation and animus deserendi established.
