KUMI vs. KUMI

JUDGMENT OF CAMPBELL J. The facts grounding the preliminary objection to this suit are as follows, namely that the petitioner issued an originating summons on 15 June 1967 seeking leave to file a petition for divorce before the expiration of three years from the date of the celebration of her marriage to the respondent. This is permissible under Order 55, r. 2 (1) of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A). On 7 November 1967 a petition for divorce on substantially the same grounds as contained in the affidavit accompanying the originating summons was filed in court under Order 55, r. 3 (1) and leave was sought of the court to withdraw the originating summons when it came on for hearing later in the day of 7 November 1967. Leave to withdraw was given but whether the said summons was in consequence dismissed is not apparent. Counsel for the respondent has not entered an appearance to this petition nor has he filed an answer thereto. He, however, submits in li...