Gwaladys v Charles (Divorce Cause No. 2of 1942)
Gwaladys v Charles (Divorce Cause No. 2of 1942) [1942] EACA 21 (1 January 1942)
The court found that although there was a significant delay between the respondent's alleged misconduct and the filing of the petition, the delay was satisfactorily explained by the petitioner's poverty, the protracted correspondence between solicitors in England and Kenya, and the additional difficulties caused by wartime communication. The court held that these factors rendered the delay not unreasonable. The court exercised its discretion to grant the decree nisi, emphasizing that each case must be considered on its own facts and merits, and that poverty and communication difficulties are…
Source excerpt
- Divorce Petition
- Unreasonable Delay
- Court Discretion
- Alimony
- Maintenance
- War Time Communication