[1942] EACA 20
The court found, based on affidavits, correspondence, and witness testimony, that the respondent committed misconduct with another woman during the relevant periods. The petitioner had also confessed her own misconduct, but this occurred after the respondent had virtually left her. The court determined that, in...
Source-derived case information.
- Citation
- [1942] EACA 20
- Parties
- Petitioner: Ursula Mary Ker; Respondent: Robert Dermot Paton Ker
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Divorce Cause No. 25 of 1942
- Procedural Posture
- Divorce Cause / Judgment
- Outcome
- Decree nisi granted in favour of the petitioner; alimony pendente lite awarded; costs to petitioner.
- Judges
- Lucie-Smith, J. (Kenya)
- Legal Topics
- Divorce, Dissolution of Marriage, Alimony, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ursula Mary Ker
Petitioner
Robert Dermot Paton Ker
Respondent
Procedural Posture
Divorce Cause / Judgment
Legal Issues
- 1 Whether the court should exercise its discretion to grant a decree nisi for dissolution of marriage.
- 2 Whether the evidence establishes misconduct by the respondent justifying divorce.
- 3 Whether the petitioner is entitled to alimony pendente lite.
Ratio Decidendi
The court found, based on affidavits, correspondence, and witness testimony, that the respondent committed misconduct with another woman during the relevant periods. The petitioner had also confessed her own misconduct, but this occurred after the respondent had virtually left her. The court determined that, in light of the evidence and the petitioner's candour, its discretion should be exercised in favour of granting the decree nisi. The court also found it appropriate to order the respondent to pay alimony pendente lite to the petitioner.
Court Disposition
Decree nisi granted in favour of the petitioner; alimony pendente lite awarded; costs to petitioner.
Orders
- A decree nisi is pronounced in favour of the petitioner as prayed.
- The respondent is ordered to pay the petitioner alimony pendente lite of £10 per month from 1-10-42.
Full Case Text
Judgment text and source record
17 paragraphs
### DIVORCE JURISDICTION
#### BEFORE LUCIE-SMITH. J.
### URSULA MARY KER. Petitioner
$\nu$ .
# ROBERT DERMOT PATON KER, Respondent.
## Divorce Cause No. 25 of 1942
Divorce—Dissolution of marriage—Discretion Statement.
*Held* (1-10-42).—That this was a case in which the Court should exercise its discretion.
### Archer for Petitioner.
No appearance of Respondent.
JUDGMENT.-From the affidavit of the respondent and the evidence of the petitioner I am satisfied that the domicile of the parties is Kenya.
From the Respondent's letter (UK 2) and the evidence of the petitioner I am satisfied that misconduct took place between the respondent and the woman named between the 19th and 24th August, 1942.
From the evidence of Maina, M. de Souza and the petitioner I am satisfied that misconduct took place between the respondent and the woman named at the Avenue Hotel during the month of September, 1942. The petitioner has made full and frank confession of her own misconduct subsequent to the respondent virtually leaving her in 1941 and I am satisfied that this is a case where the discretion of the Court should not be refused—See Filmer v. Filmer D. C. 1/42 and Herod v. Herod $(1939)$ P:11.
I pronounce a *decree nisi* in favour of the petitioner as prayed.
I further order that the respondent do pay to the petitioner by way of alimony *pendente lite* the sum of £10 per month, as from $1-10-42$ .
Costs to petitioner.
Practice Note.—In this case the "discretion statement" was handed to the Judge in Court in a sealed envelope. Having perused the statement the Judge returned the same to the petitioner's advocate against his receipt and undertaking to produce if so required.