Kaur v Mistry (Civil Case No. 742 of 1951) [1952] EACA 280 (1 January 1952)
Court
East African Court of Appeal
Case number
Civil Case No. 742 of 1951
Judge
Bourke J
The court dismissed a widow’s claim for maintenance and a charge over estate property, holding that her marriage outside the Colony was not valid for these purposes.
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…