In these circums tances there was a tacit direction

Info icon This preview shows pages 531–534. Sign up to view the full content.

pondent was made in petitioner’s presence without objection. In these circums- tances there was a tacit direction by the Court to follow a procedure other than that prescribed by Rule 14(2) of the Matrimonial Causes Rules, and the Court has the power to make such variation. (7) No affidavit denying collusion was re- quired to accompany the amendment since the amendment merely modified the prayer and alleged no new facts. (8) For similar reasons, the application for leave
Image of page 531

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

to withdraw the petition did not require an affidavit denying collusion. (9) The Court has jurisdiction to rescind the decree nisi which it granted. [Citing s. 3 of the Matrimonial Causes Ordinance, Cap. 364, which with exceptions grants the Court the same jurisdiction as the High Court of Justice in England as of 1 st April, 1936; Rutter v. Rutter (1921) P. 421; Daglish v. Daglish (1935) P.49]. (10) There is precedent for the rescinding of a decree nisi because a party objected on reli- gious principle. [Citing Griffiths v. Griffiths (1911) 29 T.L.R. 281]. However, the most important considerations are whether there is nope of reconciliation and whether the financial interests of the wife are adequately protected. In this case there is no hope of reconciliation, the wife is protected financially, and to rescind the decree nisi would be to deny the husband the right to be heard as to the re- medy which should be awarded to his wife. Ordered that a copy of respondent’s answer be served on the woman named and that the decree nisi be set aside if she intervenes; if she does not intervene, the matter to be placed before the Court for making the decree absolute unless cause is shown for not doing so. 253.Hulda John v. Stanley Mnzava, Civ. App. 2-D-68, 29/4/68, Hamlyn J. This is an appeal from judgment for defendant in an affiliation proceeding under the Affiliation Ordinance, Cap. 278 as amended by the Affiliation Ordinance (Amendment) Act, 1964. Plaintiff lived out of wedlock with the male defendant between 1956 and 1964, having two children by him. During 1966 defendant took up word in Magamba, leaving plaintiff and the two children in Dar es Salaam. Plaintiff gave birth to twins in March, 1967, and claims defendant is the father. Defendant admitted to having met plaintiff in 1966, but stated that no sexual in- tercourse took place (1968)H.C.D. - 90 – Between them and therefore he denies paternity. The only evidence on the record is that of the two parties; however, plaintiff contends that she had further
Image of page 532
evidence to support her allegations but that the trial magistrate denied her the right to bring her witnesses. Held: (1) Under s. 5 of the Affiliation Ordinance, plaintiff was required to present evidence other than her own to corroborate her claim, and since she failed to do so, her claim could not succeed. (2) Since the plaintiff had no assis- tance from counsel in bringing her action, an action which would have been far more likely to succeed if brought in the primary court (see The Law of Persons, Government Notice 279/63, para. 183, which is applicable in primary court and puts the burden of proof on the defendant of her corroborative evidence, the Court ordered the case hear de novo
Image of page 533

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

Image of page 534
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