Wakilii

Meyrick v Julian (Divorce Cause No. 12 of 1943)

East African Court of Appeal · [1943] EACA 80 · 1943 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for alimony pendente lite in divorce proceedings
Decision
Alimony pendente lite awarded at Sh. 160 per month from date of service of petition

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Where a respondent's advocate enters appearance in divorce proceedings but subsequently ceases to act without the respondent furnishing a fresh address for service, service of an application for ancillary relief on that advocate remains good service. The respondent's failure to update the address for service does not invalidate service at the address originally furnished upon entering appearance.

Outcome

Alimony pendente lite awarded at Sh. 160 per month from date of service of petition

Facts

The petitioner filed a divorce petition on 15 March 1943. Messrs. Kaplan & Stratton entered appearance for the respondent on 29 March 1943. On 27 April 1943, the respondent's advocates informed the court and petitioner's advocates that they were no longer acting. The respondent took no steps to furnish a fresh address for service. The petitioner subsequently filed a summons dated 5 May 1943 seeking alimony pendente lite. The respondent's former advocates refused to accept service of the summons. The petition's prayer included a claim for alimony pending suit. The respondent had not filed the affidavit of property and income required by Rule 44(1) within fourteen days of entering appearance.

Issues

  1. Whether service of an application for alimony pendente lite on an advocate who entered appearance but subsequently ceased to act constitutes good service on the respondent where no fresh address for service has been furnished.

Orders

  • Service of the application on Messrs. Kaplan & Stratton was good service on the respondent.
  • Respondent to pay to the petitioner the sum of Sh. 160 per month as alimony pendente lite from the date of service of the petition.
  • Liberty to both parties to apply.
  • Costs of this application to the petitioner.

Rules and key headnotes

Service of Process — Address for Service — Advocate Ceasing to Act
Where a respondent enters a general appearance through an advocate in matrimonial proceedings, service of an application for ancillary relief at the address for service furnished by that advocate remains good service even after the advocate ceases to act, provided the respondent has not furnished a fresh address for service.
Alimony Pendente Lite — Service Requirements — Matrimonial Causes Rules
Under Rule 8(1) of the Matrimonial Causes Rules, where a respondent has entered a general appearance to a divorce petition, notice of an application for ancillary relief may be served by leaving it at the address for service furnished by the respondent, and need not be personally served.

Legislation cited (5)

  • Matrimonial Causes Ordinance s.24(1)
  • Matrimonial Causes Rules r.8(1)
  • Matrimonial Causes Rules r.44(1)
  • Matrimonial Causes Rules r.49
  • Rules of the Supreme Court O.III r.6

Full judgment

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

Meyrick v Julian (Divorce Cause No. 12 of 1943) [1943] EACA 80 (1 January 1943)
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.