Wakilii

Johan Drecgembrcek v Kerin Coolen & Another (Divorce Cause 11 of 1992)

High Court · [1992] UGHC 30 · 1992 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Petition for dissolution of marriage on ground of adultery
Decision
Marriage dissolved by decree nisi.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court has jurisdiction to dissolve a marriage where the petitioner, though a Belgian national, has acquired domicile of choice in Uganda by residing in the country with a settled intention to remain permanently, evidenced by property acquisition, investment plans, and intention to apply for citizenship. Adultery may be proved by circumstantial evidence, including the respondent's admission of an affair and testimony that the co-respondent stayed in the marital bedroom during the petitioner's absence. The petition was granted and decree nisi issued.

Outcome

Marriage dissolved by decree nisi.

Facts

The petitioner, a 29-year-old Belgian national employed as Managing Director of DHL Uganda Ltd, married the respondent on 30 June 1988 in Antwerp, Belgium. The couple cohabited in various countries including Uganda, where they resided at Bunga and later Kololo, Kampala. There were no children. On 21 December 1991, the petitioner returned early from a business trip to find his wife and the co-respondent sitting together in his house. The respondent admitted to having an affair. The petitioner's housemaid testified that during the petitioner's three-week absence, the co-respondent stayed at the house nightly and shared the marital bedroom. Another witness, employed by the respondent, confirmed that the co-respondent continued to visit and spend nights at the respondent's residence after separation. The respondent appeared at the hearing but called no evidence and did not oppose the petition.

Issues

  1. Whether the High Court has jurisdiction to entertain a divorce petition from a foreign national.
  2. Whether the petitioner has acquired domicile of choice in Uganda.
  3. Whether the petitioner has established adultery by the respondent sufficient to justify a decree of divorce.

Orders

  • Petition granted.
  • Decree Nisi dissolving the marriage between the petitioner and the respondent issued forthwith.
  • No order as to costs.

Rules and key headnotes

Divorce — Jurisdiction — Domicile of Choice
A court has jurisdiction to entertain a divorce petition under s.2(a) of the Divorce Act Cap 215 where the petitioner is domiciled in Uganda at the time of presenting the petition. A foreign national may acquire domicile of choice by residing in Uganda with the settled intention to remain permanently, demonstrated by property ownership, investment plans, and intention to apply for citizenship when eligible.
Domicile — Standard of Proof — Intention to Reside Permanently
A change from domicile of origin to domicile of choice is a serious matter requiring a high standard of proof. The requisite intention must be a present intention to reside permanently, unlimited in period but not irrevocable in character. Physical residence accompanied by the required state of mind establishes domicile of choice, regardless of the duration of residence.
Divorce — Proof of Adultery — Circumstantial Evidence
Adultery need not be proved by direct evidence as it is usually committed in secret. Association coupled with opportunity and evidence of illicit affection or familiarities creates an inference upon which a court may find adultery. Admission by a respondent that she was having an affair, together with testimony that the co-respondent shared the marital bedroom, constitutes sufficient proof of adultery.
Standard of Proof — Adultery in Divorce Proceedings
In divorce proceedings the standard of proof required to establish adultery is on the balance of probabilities, not beyond reasonable doubt.
Divorce — Marriage Solemnised Abroad — Recognition
A marriage solemnised abroad before a registrar in accordance with the law of the foreign jurisdiction is recognised under Ugandan law and may be dissolved under the Divorce Act Cap 215.

Legislation cited (3)

Cases cited (8)

  • Taylor v Taylor [1961] TLR 737
  • Jolei Scagliosi v Renzo Scagliosi (Divorce Cause No. 1 of 1990)
  • Baker v. Bater /1950/ 41 at page 439
  • Field v Field [1964] EA 43
  • Thornhill v Islay Thornhill and Another [1965] EA 268
  • Aslanidis v Aslanidis and Schumacher [1967] EA 10
  • Gulbenkian vs. Gulbenkian /1937/ 25 T.L.46
  • Edward Kakumba v Miet Yudesi Kyoyanga [1971] ULR 156

Full judgment

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

Johan Drecgembrcek v Kerin Coolen & Another (Divorce Cause 11 of 1992) [1992] UGHC 30 (22 October 1992)
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.