Divorce

Sierra Leone — African Law Reports · 1972-73

Principle established: The court has jurisdiction to grant a divorce decree on the cross-petition of a non-domiciled husband where the wife has resided within the jurisdiction for three years prior to filing.

Sierra Leone — African Law Reports · 1964-66

Principle established: Cruelty as a ground for divorce must be grave and weighty as between the parties themselves and should be judged subjectively rather than objectively.

Sierra Leone — African Law Reports · 1964-66

Principle established: An application to strike off a named party in a divorce suit for failure to formally join her is belated when raised only during counsel's final address after she was served.

Sierra Leone — Supreme Court · 1966

Principle established: An application made during closing argument to dismiss a named woman who was served but did not enter an appearance is made too late and will not be granted.

Sierra Leone — Supreme Court · 1961

Principle established: Adultery in divorce proceedings requires strict proof beyond reasonable doubt, and prior condonation of cruelty is revived and cancelled by subsequent acts of cruelty.

Sierra Leone — Supreme Court · 1961

Principle established: Adultery must be proved beyond reasonable doubt under the criminal standard of proof, and condonation of marital cruelty is cancelled by subsequent acts of cruelty.

Sierra Leone — Supreme Court · 1970

Principle established: Adultery in divorce proceedings requires strict proof above the ordinary civil standard, and the presumption of legitimacy is rebuttable by evidence of long separation between the spouses.

Sierra Leone — African Law Reports · 1970-71

Principle established: In a divorce suit, adultery requires strict proof beyond the standard usually applicable in civil proceedings, and the presumption of a child's legitimacy is rebutted by proof of prolonged separation.

Zimbabwe · 2026

Principle established: In divorce proceedings involving minor children, the court prioritizes the best interests of the child, particularly regarding custody and educational arrangements, despite procedural delays by the parents.

Zimbabwe · 2025

Principle established: A court may vary, suspend, or rescind a property or maintenance order made during divorce proceedings upon a showing of good cause.

Sierra Leone — Supreme Court · 1962

Principle established: Placing juju in a spouse's bedroom constitutes legal cruelty, and mutual matrimonial misconduct can justify granting a divorce discretionarily to both parties.

Sierra Leone — Supreme Court · 1962

Principle established: Placing juju within the marital home amounts to legal cruelty, entitling the injured spouse to a dissolution of marriage.

Sierra Leone — Supreme Court · 1967

Principle established: An application to vary a permanent maintenance order may be entertained by the trial court during a pending appeal, but the husband's remarriage does not justify reduction where paternity predated the decree.

Sierra Leone — African Law Reports · 1967-68

Principle established: A trial court retains jurisdiction to vary permanent maintenance despite a pending appeal, but a husband's remarriage is no ground for reducing maintenance if the pregnancy predated the decree.

Sierra Leone — African Law Reports · 1920-36

Principle established: A husband who stops supporting a wife who unjustifiably refuses to cohabit is not guilty of wilful neglect conducing to adultery.

Kenya · 2024

Principle established: Leave to extend time to file a notice and record of appeal may be granted where the applicant demonstrates sufficient cause for the delay in challenging a judgment.

Zimbabwe · 2022

Principle established: In dividing matrimonial property upon divorce, courts consider the direct and indirect contributions of both spouses and may award shares based on the equitable distribution of assets held in trust.

Zimbabwe · 2025

Principle established: Upon divorce, the court aims for a just and equitable distribution of matrimonial property, considering the parties' contributions and any outstanding debts incurred during the marriage.

Sierra Leone — Supreme Court · 1967

Principle established: A respondent to a divorce petition cannot lead evidence of the petitioner's adultery unless she cross-petitions for divorce.

Sierra Leone — African Law Reports · 1967-68

Principle established: A respondent to a divorce petition who pleads adultery without cross-petitioning for divorce cannot lead evidence to substantiate that allegation.

Zimbabwe · 2023

Principle established: A court may vary a maintenance order for minor children where there is a change in circumstances or where the existing order no longer meets the children's needs.

Ghana · 2025

Principle established: Upon the dissolution of a customary law marriage, the court may order the distribution of properties acquired by the parties during the subsistence of the marriage.

Zimbabwe · 2025

Principle established: In divorce proceedings, the court determines the distribution of matrimonial property, including livestock and vehicles, based on what is just and equitable between the parties.

Sierra Leone — African Law Reports · 1972-73

Principle established: Desertion as a ground for divorce requires physical separation accompanied by an intention to permanently end cohabitation without reasonable cause and without the consent of the other spouse.

Sierra Leone — Supreme Court · 1961

Principle established: Allegations of adultery in divorce proceedings must be proved beyond a reasonable doubt, and condoned cruelty is revived by subsequent acts of cruelty.

Sierra Leone — African Law Reports · 1964-66

Principle established: A divorce decree cannot be granted on admissions in a party's discretion statement where the opposing petition does not allege adultery and fails to make out an independent ground.

Sierra Leone — Supreme Court · 1967

Principle established: A husband's voluntary sexual intercourse with his wife conclusively establishes condonation of her misconduct in the absence of fraud, and cruelty in divorce proceedings must be proved on a balance of probabilities.

Sierra Leone — African Law Reports · 1967-68

Principle established: Cruelty in a divorce petition is proved on a balance of probabilities, and voluntary sexual intercourse conclusively establishes condonation of marital misconduct by a husband.

Sierra Leone — Court of Appeal · 1965

Principle established: A petition claiming damages for adultery must specify the amount claimed, and an appellate court possesses discretionary power to grant leave to amend such a petition.

Ghana · 2026

Principle established: The court will not automatically grant a divorce decree based on mere consent or admissions, as marriage involves a legal status with public consequences requiring judicial scrutiny beyond the parties' agreement.

Ghana · 2026

Principle established: Dissolution of marriage requires judicial scrutiny beyond the mere agreement or admissions of the parties because marriage constitutes a legal status with public consequences.