Wakilii

Johan Droogombroek v Kerin Anne Jean Coolen and Another (Divorce Cause No. 11 of 1992)

High Court · [1992] UGHC 130 · 1992 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Divorce petition by husband seeking dissolution of marriage on grounds of adultery
Decision
Marriage dissolved by decree nisi

Observed later treatment

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Holding

The court held that a Belgium national residing in Uganda for almost three years with demonstrable intention of indefinite residence had acquired domicile of choice in Uganda, conferring jurisdiction on the High Court to dissolve his marriage. The court found adultery proved on circumstantial evidence: the respondent and co-respondent shared the petitioner's bedroom during his business absence, and the respondent admitted to an affair. Conjugal cohabitation ceased immediately upon discovery. Decree nisi granted.

Outcome

Marriage dissolved by decree nisi

Facts

The petitioner, a Belgium national aged 29, married the respondent on 30 June 1988 in Antwerp, Belgium. The couple cohabited in Kenya, Zaire, Rwanda, and Uganda. In December 1991, the petitioner travelled to London and Los Angeles for business. He returned to Uganda on 21 December 1991, three weeks into the trip, without informing his wife. Upon arriving at their Kololo home, he found his wife and the co-respondent seated together on a sofa. When questioned, the respondent admitted she was having an affair with the co-respondent. The petitioner ordered them to leave. His housemaid testified that during the petitioner's absence, the co-respondent stayed at the house nightly, slept in the master bedroom, and ate meals prepared by the maid. The respondent appeared at the hearing but called no evidence and did not oppose the petition. The co-respondent, though duly served, did not appear.

Issues

  1. Whether the High Court of Uganda has jurisdiction to entertain a divorce petition by a Belgium national.
  2. Whether the petitioner acquired domicile of choice in Uganda.
  3. Whether sufficient evidence of adultery was established to justify a decree of dissolution of marriage.

Orders

  • Divorce decree nisi dissolving the marriage between the petitioner and the respondent granted.
  • No order as to costs.

Rules and key headnotes

Family Law — Divorce — Jurisdiction — Domicile of Choice — Foreign National
A foreign national may acquire domicile of choice in Uganda sufficient to confer jurisdiction on the High Court to hear a divorce petition where the petitioner demonstrates physical residence coupled with a settled intention to remain indefinitely. Such intention may be proved by acquisition of property, plans for investment, arrangements to sell assets abroad, and stated intention to apply for citizenship when eligible.
Family Law — Divorce — Domicile of Choice — Test for Acquisition
Residence alone does not establish domicile of choice; the petitioner must prove both physical presence in the locality and an intention of permanent or indefinite residence. The intention must be a present intention unlimited in period but not necessarily irrevocable in character. The burden of proving change from domicile of origin to domicile of choice is on the petitioner and the standard is high.
Evidence — Adultery — Proof by Circumstantial Evidence
Adultery may be proved by circumstantial evidence where direct proof is unavailable. Association between the respondent and co-respondent, coupled with opportunity and evidence of illicit affection or familiarities, creates an inference from which adultery may be found. The standard of proof is balance of probability, not beyond reasonable doubt.
Family Law — Divorce — Adultery — Cessation of Conjugal Cohabitation
Where a petitioner learns of adultery and immediately discontinues conjugal cohabitation by sending the respondent away, the petitioner cannot be found to have connived at or condoned the adultery. In circumstances where the health risks of continuing cohabitation are serious, particularly in light of AIDS transmission through sexual contact, immediate cessation is prudent.

Legislation cited (3)

Cases cited (10)

  • Taylor v Taylor [1941] TLR 737
  • Jolei Scagliosi v Renzo Scagliosi (Divorce Cause No. 1 of 1990)
  • Thornhill v Islay Thornhill and Another [1965] EA 268
  • Aslanidis v Aslanidis and Schumacher [1967] EA 10
  • Gulbenkian v Gulbenkian [1937] 45 TLR 46
  • Hater v Batey [1950] All ER 459
  • Field v Field [1964] EA 47
  • Edward Kizito Kuuka v Aliet Yudes Kyoyanga (Divorce Cause No. 66)
  • Manjula v Vasani (Divorce Cause No. 2 of 1962)
  • Blyth v Blyth [1966] All ER 524

Full judgment

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Johan Droogombroek v Kerin Anne Jean Coolen and Another (Divorce Cause No. 11 of 1992) [1992] UGHC 130 (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.