Wakilii

Cogle v Cogle and Another (Cause No. 12-1930.)

East African Court of Appeal · [1930] EACA 105 · 1930 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Divorce petition with application for maintenance pendente lite and determination of costs liability
Decision
Maintenance granted only until decree nisi; full costs awarded to respondent despite finding of adultery

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that when a wife is found guilty of adultery her right to alimony ceases, but the judge has discretion to continue it if reasonable. Maintenance pendente lite was allowed only up to the date of the decree nisi. The Court further held that it may in its discretion order costs to the full amount to be paid even to a guilty wife, and that the respondent was entitled to recover her costs from the petitioner.

Outcome

Maintenance granted only until decree nisi; full costs awarded to respondent despite finding of adultery

Facts

The petitioner husband sought divorce on grounds of adultery by the respondent wife with the co-respondent. The wife was found guilty of adultery and a decree nisi was made on 17th September 1930. The respondent's counsel applied for maintenance pendente lite until the decree was made absolute. The respondent was earning her living but her income was modest given the cost of living in Nairobi. The question arose whether a guilty wife retained entitlement to maintenance after the decree nisi and whether the husband was liable for her full costs despite her guilt.

Issues

  1. Whether a wife found guilty of adultery is entitled to maintenance pendente lite until the decree nisi is made absolute.
  2. Whether the Court may order a husband to pay the full costs of a wife found guilty of adultery.

Orders

  • Maintenance pendente lite allowed at the rate of £8 per month up to 17th September 1930, the date of the decree nisi.
  • Respondent entitled to recover her costs from the petitioner.

Rules and key headnotes

Family Law — Divorce — Maintenance Pendente Lite — Effect of Finding of Adultery
When a wife is found guilty of adultery her right to alimony ceases, but the judge has discretion to continue it if he thinks it reasonable to do so, for example where a new trial may be granted.
Family Law — Divorce — Costs — Liability for Guilty Wife's Costs
The Court may in its discretion order costs to the full amount to be paid even to a guilty wife, and such costs are not limited to amounts previously secured or estimated.
Family Law — Divorce — Costs — Rationale for Awarding Costs to Wife
A wife, whether innocent or guilty, is nearly always allowed a certain amount of costs for which the husband is primarily liable unless she has separate estate, because it is not fair that the wife should be left without means of putting her case before the Court or that a practitioner should risk losing remuneration for taking up a case he honestly believes genuine.

Legislation cited (1)

  • Divorce Ordinance Cap. 179 s.24

Cases cited (6)

  • Dunn v Dunn (1888) 59 LT 885
  • Wells v Wells (1864) 10 LT 696
  • Ellis v Ellis (1883) 8 PD 188
  • Robertson v Robertson (1881) 31 LJ 5
  • Palmer v Palmer & Stockley (1914) P 116
  • Butler v Butler (1890) 15 PD 130

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Cogle v Cogle and Another (Cause No. 12-1930.) [1930] EACA 105 (1 January 1930)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.