James Vandie Mrseray v Mary Damole (DivC 10/06)  SLHC 17 (03 October 2006);
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Dh.C 10/06 2006 M "JO. 2
I:\ THE HIGH COCRT OF SIERRA LEO'\'E
JAMES VANDIF MORSERA Y -Pl,TITIONFR/ i\PPI JC;\ NT
MARY DA\IOLI: i"vHJRSERA Y -RI,SP< Ji\ DFi\T/R LSPOi\DI::-.;T
BEFORE THE HO:\. \IRS. .JUSTICE C. L. TA \'LOR .IUD(;E
D \ TED THIS J1rn DAY OF OCTOBER , 2006
This is an unclcl·cnded di,orce pelition hetween Jatlles Vandie Moseray Petitioner and \fary Danmle Moscray Respondent.
The Petitioner is a Ci,il Senanl allached lo the \lini,try of lkallh. The Petitioner and the rcsponclenl \\ere married 011 the 17'" October 1999. The marriage took place al the St. Paul's (\,ngrcgatinnal Church King tom. The marriage certificate is in e, idence as E.,hihit ··A". Al'tcr the cclehration oi' the marriage the Petitioner and the Respondent cohabited at No. -+. Lumle, Road. Freeto\\ n and No. X S,ke Strc·ct. Congo To\\n. Thn· later 1nmed to Bcllier Park and lhc·n to I-+ D\\arzark Farm l'reetm,11. There is 110 child of the lllarnagc. l3el'ore the lllarriage the l'etitioner had three children namely Nettie l\foseray. Augusta Moser,!\' and Lucy Moseray. The Rc·spondent also had three children natllely Hassan Sallie Ileen. Cassandra Katllara and Sherill Sallie Deen. The Pc·tilioner's children li,cd \\'ilh them in the 1nalrilllonial home. I lassan Sallie Deen also .stayed with thc·,n in the matri111onial home.
The Petitioner narrated se,cral acts of cruelty perpetrated against him hy the Respondent.
The Petitioner deposed that sometime in 201J I he \\as ad111itted at the Kahala Go,en1111ent. During that period the Respondent did not ,isit him. Arter the Petitioner\\'" discharged \\ hen he returned hotne the Resp"ndent started to lodge a complaint against ..'Htguqa \loseray. The Petitioner did not re.spond. The Respondent did not alhl\\ the Petitioner to slec·p as she \\as shouting throughout the night.
The Petitioner narrated one incident during \\'hich he protested about the small
quantit, of food \\'hieh the Respondent ga\T to the children and because of this the Respondent threw \\'ater on hit11. The Respondent collected a knife and threatened to kill hitn but she· wa.s restrained h, their neighbours. The Petitioner said that he felt had ahout this.
The Petitioner deposed that .sometime in August. 201JJ the su111 of Le. 150,(HJO.IJO
\\ as missing and he reported the 111atter to a friend 01· 1he Respondent one Mrs. Johnson. \\ho asked her ahuut the missing 111oney. ,\s a re.suit the l<espondcnt abused hi111 in the street. The Petitioner said that he felt asha111ed.
On the 7'h October. 200J the l'etitioncr \\ as trying to luck his briefcase\\ hen the Respondent told hi111 not to do so. She took a\\ hisk\ stool and \\ as about to hit hi111 on his head hut l'etitionc·r put his hand across his he,1d and the\\ hiskv· stool hit his left hand instead. Ile kit pain on his left hand. The Respondent then took some cockle shc·lls lio111 the table and sent the111 on him She took out a knife and Wanted to stab him hut again she \,as restrained by their neighbours.
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After these incidents the l'etitiuner left the M,11ri111onial home on the'!'" October.
2003 and \\ent to the l'rminces. The !'L'litionn said that on the 1 7'1
201J'.i he "·c·nt to the· Head Offic·e at the Minisrrv or Health Ylluyi Building "here he was inlorilled that the Respondent had been there in a, iolent mood. The l'etitillner .said that .since that time \\hen e,er he ,isited the office he \\as al'raid th,11 the Respondent would attack him.
In the light of thee, idence adduced I hold that the Petitioner has prmcd his c·ase against the Respondent on the hcdance 01· probabilities lln the ground ol' cruelty.
I hereby pronounc-c the decree nisi for the declaration 01· the marriage had and
Solcmni.sed bet" een the l'etitiuner and the Respondent on the 17'" Octnhcr. i '!99.
C. J. l'earnc·k Esq. states:
I am applv ing for an abridgement DJ' time" ithin "hic·h the Applicant/l'etitioner illay apply that this decree nisi .sll pronounced he made absolute hy reason that the Respondent L'<luld not ha, c shm, n cause" h) the same should not he made
abS< ii ute.
I order that the pniml of time hc'l\\een the dencc nisi absolute he abridged tu two
,\·eek-, in\tcad of three munth .
SGD: - !ION. MRS.JUSTICE C.L. T:\ YLOR
1 OCTOBER, 2006.