Elizabeth v. Titus Civ. Rev. 3-M-71; 15/6/71; El-Kindy Ag. J.

Elizabeth v. Titus Civ. Rev. 3-M-71; 15/6/71; El-Kindy Ag. J.

The petitioner brought proceedings for annulment of marriage alleging desertion. She claimed: (a) that she contracted a church marriage in 1962 but did not produce any certificates of marriage; (b) that the respondent/husband disappeared in 1967 and has never been seen again; (c) that the respondent refused to resume matrimonial life and although his parents implored him to take back his wife, he has not done so and has not provided for her and the 3 children. The trial magistrate granted a decree nisi. The case was referred to the High Court for confirmation of decree.

            Held: (1) “For a number of reasons, these proceedings cannot be confirmed. In the first place, there was no adequate evidence that the marriage contracted between the petitioner and the respondent was a Christian marriage. A bare word of the petitioner was not enough.” (Marriage certificate or certified copy thereof should have been produced). “The petition did not allege where the respondent was domiciled or his occupation, if any, as required by Rule (4) (1) (d) of the Matrimonial Causes Rules, 1956 G. N. 56/1956……… [Petitioner] did not; in her evidence specify the date or, at least, the month when the respondent is alleged to have disappeared in 1967. And more serious the petition itself was not signed by the petitioner as required by Rule 4(4) of the Matrimonial Causes Rules 1956, G. N. 56/1956.” (2) “The petition alleged that the respondent’s whereabouts was not known, and as a result of this allegation no effort whatsoever was made to serve him with Notice as required by Rules 7, 8 and 9 of the Matrimonial Causes Rules 1956 G. N. 56/1956. If the whereabouts of the respondent was not known, this does not mean that a petition can be heard without proof of service as required by Rule 10(1) ………” (3) As hearing cannot proceed without complying with these preliminaries, the hearing of this case was premature. (4) Decree nisi set aside – Petition to be remitted back to trial court for hearing according to law.