TAYLOR vs. TAYLOR

JUDGMENT OF BLAY J.S.C. The suit seems to have a very chequered history. The petition of the appellant’s wife was filed on the 14th December, 1957, and in it she prayed for an order of judicial separation from her husband, the appellant. The main ground for the petition was that her husband had committed adultery with one Elizabeth Kessie. The petitioner named Elizabeth Kessie as the woman who in part had motivated the filing of the petition, and she was a person named therein. The petition, according to the record of proceedings, was served on the respondent on the 10th January, 1958. It does not appear from the record that the petition was ever served on Elizabeth Kessie, the person named therein. Indeed it appears that service of the copy of the petition was never intended to be effected on the person named and was therefore never addressed or directed for service upon her. The effect of this omission will appear hereinafter. The respondent, that is, the present appellant, hav.....