AFFIE GAWNS vs. JACKIE MACKINTAR-TRYEE SUBSTITUTED BY: PRUDENCE MACKINTAR-TRYE AND STEPHEN MACKINTAR-TRYEE

JUDGMENT BY WELBOURNE (MRS) JA The good book in Genesis Chapter 2 verse 18 says: “ The Lord God said , it is not good for the man to live alone. I will make a helper suitable for him.” He therefore created a help mate Eve, for Adam. In the matter before us , the parties were married under customary law. Whether or not the intentions as stated above were fulfilled in this relationship that spanned over two decades will unfold. It is also important to point out that in the course of the appeal, the Appellant passed on and was substituted by his wife Prudence Mackintar –Tryee. She also passed on and has been subtituted by her son Stephen Mackintar –Tryee. The Respondent, filed a petition on the 23rd June, 2011 in the High Court for the dissolution of the Customary Marriage to the Appellant in 1975 in accordance with Section 41(2) of the Matrimonial Causes Act, 1971 (Act 367) claiming the follwing reliefs: a. An order for the dissolution of Customary Marriage contracted in 1...