Held although the marriage was not celebrated in

Info icon This preview shows pages 530–532. Sign up to view the full content.

Held: “Although the marriage was not celebrated in Tanzania, and the respondent does not live and has not lived in Tanzania, and the respondent does not live and has not lived in Tanzania, this Court has Jurisdiction under section 4 (1) (a)(ii) of the Matrimonial Causes Ordinance, Cap. 364, for the reason that the petitioner wife has lived in the country for a period extending beyond three years.” Petition for divorce granted. 252. C.K. Matenba v. Mary Matenba, Mat. Cause 1-D-66, 10/5/68, Georges C. J. Petitioner husband applied for a divorce on grounds of cruelty. Respondent wife originally prayer for judicial separation on the grounds of petitioner’s adultery but later substituted a prayer for divorce, and a decree nisi was granted on that prayer. During these proceedings the Court granted leave to withdraw the origi- nal petition though this was merely noted in the record and was not signed or mentioned in the judgment or order granting the decree nisi to respondent. It is also alleged that other errors occurred in the proceeding: (a) that the answer was not served on a person who apparently was the woman involved in the alleged adultery; (b) that no affidavit of service on her was filed; (c) that the application for amendment submitted by respondent was not in writing and was not accom- panied by and affidavit stating that there was no collusion; and (d) that the appli-
Image of page 530

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

cation by petitioner to withdraw his petition was not in writing or accompanied by and affidavit denying collusion. In the present proceedings petitioner applied to have respondent’s decree nisi made absolute. Respondent opposed the applica- tion and prayed that the decree nisi be rescinded. She stated that she is a Ro- man Catholic, that her religion does not permit divorce, and that she is greatly distressed because of her sin in seeking a divorce, a step which she says she took in a state of confusion. Held: (1) An answer cannot survive the withdrawal of a petition. [Citing Schira v. Schira (1865) L.R. 1 P. & N 465; Sandler v. Sandler (1934) P. 149. (2) The order granting leave to withdraw the petition constituted a judgment. (Citing Tharman Din V. Cabal Das, A.I.R. 1933 Oudh 385; Chitaley & Pac, 2 nd edition, p. 50. (3) In the circumstances of these proceedings, the order should be treated as if it had been signed on the day pronounced. (4) However, the Court has the power to alter an order before it is drawn up, passed and entered; until that time it is only provisionally effective and may be altered. (Citing Raichand Lakhamshi v. Assanand & Sons, (1957) E. A. 82; Re Harrisons (1968)H.C.D - 89 – Settlement (1955) 1 All E.R. 185]. The order was altered to one staying the peti- tion so that the decree to one staying the petition so that the decree nisi given on the answer could be given effect. (5) The failure to serve the woman named in the answer made the proceedings voidable but not void and may be cured. [Cit- ing Watts v. Watts (1959)2 All E. R. 687; obiter; of Lord Denning M. R. in Balloqui v. Balloqui (1964) 1 W. L. R. 83]. (6)The application for leave to amend by res- pondent was made in petitioner’s presence without objection. In these circums-
Image of page 531
Image of page 532
This is the end of the preview. Sign up to access the rest of the document.
  • Fall '17
  • Dean Majamba

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern