“It seems to me very difficult on these facts to arrive at the conclusion that the respondent in 1939, when she left the matrimonial home had no “animus deserendi” In Buckler v. Buckler, (1947) P. 25. it was said that animus deserendi may be proved from the facts. In this case, the facts are that the respondent when she left her matrimonial home in 1939 left no address; she was later contacted; wrote sparingly for three or four years and was never heard of again until she turned up in 1951. For some years she was paid her allowance by the War Office until regulations made it impossible.” Per ADEMOLA, C.J.N. in SOWANDE V. SOWANDE (1963) LCER-244(SC) (P. 4, Paras. C-D.)
MATRIMONIAL CAUSES – Animus Deserendi – How to prove animus deserendi
MATRIMONIAL CAUSES – Desertion – What constitutes desertion – Whether war can be a sufficient ground for desertionMATRIMONIAL CAUSES – Dissolution Of Marriage – Factors to be considered by the Court when considering whether it should exercise its discretion in favour of a petitioner who is also guilty of adultery
