Wakilii

Hedwig Hall v George Hall (Divorce Cause No. 3 of 1947 (Mombasa District Registry))

East African Court of Appeal · [1954] EACA 123 · 1954 Application Adjourned AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for permanent alimony following decree of divorce
Decision
Application adjourned to allow respondent to file affidavit of means; hearing to proceed on 15th February 1954

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Where a respondent in a permanent alimony application is served out of jurisdiction with only three clear days' notice before the hearing, natural justice requires a longer period for return. The court practice under Order 5 rule 24 requires 21 days for service in Uganda. Where a respondent fails to file an affidavit of means as required by rule 44(2), the court may order him to do so within a specified time, following Snowdon v Snowdon, to enable proper exercise of judicial discretion on alimony.

Outcome

Application adjourned to allow respondent to file affidavit of means; hearing to proceed on 15th February 1954

Facts

The petitioner obtained a decree of divorce against her husband and applied for permanent alimony under section 24(2) of the Matrimonial Causes Ordinance. The respondent failed to file an affidavit of particulars as required by rule 44(2) of the Matrimonial Causes Rules. The application was set down for hearing on 15th January 1954, but the respondent was not served until 11th January 1954 at Kampala, Uganda, where he resided. The respondent did not appear at the hearing, but his advocate telegraphed asking for an adjournment, citing a criminal circuit. The petitioner had served out of jurisdiction under rule 9(1) without leave, but rule 9(2) required the return period to accord with practice under Order 5 rule 24.

Issues

  1. Whether the respondent should be granted an adjournment where only three clear days were allowed between service in Kampala and appearance in Nairobi.
  2. Whether the court should order the respondent to file an affidavit of means where he failed to comply with rule 44(2) of the Matrimonial Causes Rules.

Orders

  • The respondent shall, within 21 days of this date, file an affidavit setting forth full particulars of his property and income in terms of rule 44(2) of the Matrimonial Causes Rules.
  • This application is adjourned until 15th February, 1954.
  • Should the respondent fail to file an affidavit as ordered then the Court will require the presence of the applicant and shall proceed to fix alimony in accord with its investigations.
  • No further adjournment to be allowed unless on strictest cause shown.
  • A copy of this order to be served on the respondent's advocates forthwith, by acknowledged registered post, by the Registrar, Supreme Court, Nairobi.

Rules and key headnotes

Civil Procedure — Service Out of Jurisdiction — Time for Return — Natural Justice
Where service is effected out of jurisdiction in Uganda, the practice of the court requires 21 days for return after service as provided by Order 5 rule 24, and natural justice demands a longer period than three clear days to answer when the respondent resides out of the jurisdiction.
Family Law — Permanent Alimony — Affidavit of Means — Failure to File
In the absence of an affidavit of means from a respondent, it may be impossible for the applicant to prove the amount of the respondent's income, and the court may order the respondent to file an affidavit of means to enable proper exercise of judicial discretion in fixing alimony.
Civil Procedure — Matrimonial Causes — Service of Notice — Compliance with Rules
Rule 9(1) of the Matrimonial Causes Rules permits service of notices out of the jurisdiction without leave, but rule 9(2) requires that the period within which return should be made be fixed in accord with the practice of the court under Order 5 rule 24.

Legislation cited (6)

  • Matrimonial Causes Ordinance (Cap. 145) s.24(2)
  • Matrimonial Causes Rules r.44(2)
  • Matrimonial Causes Rules r.9(1)
  • Matrimonial Causes Rules r.9(2)
  • Matrimonial Causes Rules r.48
  • Order 5 r.24

Cases cited (1)

  • Snowdon v Snowdon (1871) L.R. 2 P. & D. 200

Full judgment

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Hedwig Hall v George Hall (Divorce Cause No. 3 of 1947 (Mombasa District Registry)) [1954] EACA 123 (1 January 1954)
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.