Stephen s/o Sokoni v. Millioni s/o; Sokoni (pc) Civ. App. 183-D-67, 19/2/67, Saidi J.

Stephen s/o Sokoni v. Millioni s/o; Sokoni (pc) Civ. App. 183-D-67, 19/2/67, Saidi J.

The magistrate granted petitioner a divorce, relying solely on the contents of the petition. Cap. 364, Martimonial Causes Rules, Rule 25 (1) stipulates that witnesses at a trial or hearing of any matrimonial cause be examined viva voce or, with the permission of the court, that facts be proven by affidavit.

            Held: A decree dissolving a marriage cannot be made where no evidence was examined by the court. The case was returned to the lower court to allow petitioner to substantiate his claim.