Leon v Ssebanakitta (DC 116/2015) [2016] SCSC 126 (17 February 2016)

Leon v Ssebanakitta (DC 116/2015) [2016] SCSC 126 (17 February 2016)

The uncontroverted evidence established that the respondent deserted the petitioner for over 7 years, the marriage has irretrievably broken down, and there is no possibility of reconciliation; thus, the marriage should be dissolved.

Citation
[2016] SCSC 126
Parties
Petitioner: Daniella Cecile Leon; Respondent: John Ssebanakitta
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
17 February 2016
Case Number
DC 116/2015
Procedural Posture
Divorce Petition / Judgment
Outcome
petition granted; conditional order of divorce issued
Legal Topics
Divorce, Desertion, Matrimonial Proceedings
Source Language
English
Family Law Divorce Desertion Matrimonial Proceedings

Case Brief

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Parties

Daniella Cecile Leon

Petitioner

John Ssebanakitta

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has irretrievably broken down due to desertion by the respondent
  2. 2 Whether the petitioner is entitled to a dissolution of marriage in the absence of the respondent

Ratio Decidendi

The uncontroverted evidence established that the respondent deserted the petitioner for over 7 years, the marriage has irretrievably broken down, and there is no possibility of reconciliation; thus, the marriage should be dissolved.

Court Disposition

petition granted; conditional order of divorce issued

Orders

  • Marriage dissolved
  • Conditional order of divorce to be made absolute after 6 weeks