Tuboku-Metzgerv. Tuboku-Metzger and Pieerson ((Civil App. No. 29/66) [1967] SLCA 1239 (12 May 1967);

Search Summary: 

Civil Procedure-appeals-procedure-withdrawal of appeal-may be withdrawn by leave of court at hearing without compliance with Court of Appeal Rules (cap. 7), r.22:

Civil Procedure- costs-withdrawal of appeal-respondent entitled to costs of appeal withdrawn by leave of court at hearing:

Family Law- divorce-adultery-evidence-normal sexual intercourse, not mere masturbation:

Headnote and Holding: 

An appellant may withdraw his appeal by leave of the court at the hearing without having complied with the Court of Appeal Rules, r.22, and a party with regard to whom the appeal is withdrawn will be entitled to his costs (page 158, line36-page 159, line 8

To constitute adultery grounding divorce there must be sexual intercourse in which both the man and the woman play their normal role, and mere masturbation is insufficient (page 160, lines 23-30; page 161, lines 5-8).

Law Report Citation: 
1967-68 ALR S.L. 156