3. Jurisdiction.
Where all parties to a proceeding under this Act are Africans or where a petition for damages only is
lodged in accordance with section 21, jurisdiction may be exercised by a court over which presides a
magistrate grade I or a chief magistrate.
In all other cases jurisdiction shall be exercised by the High Court only.
Such jurisdiction shall, subject to this Act, be exercised in accordance with the law applied in
matrimonial proceedings in the High
Court of Justice in England.
Dissolution of marriage.
4. Grounds for divorce.
A husband may apply by petition to the court for the dissolution of his marriage on the ground that
since the solemnisation of the marriage his wife has been guilty of adultery.
A wife may apply by petition to the court for the dissolution of her marriage on the ground that since
the solemnisation of the marriage—
her husband has changed his profession of Christianity for the profession of some other religion, and
gone through a form of marriage with another woman; or
has been guilty of— (i) incestuous adultery; (ii) bigamy with adultery; (iii) marriage with another
woman with adultery; (iv) rape, sodomy or bestiality; (v) adultery coupled with cruelty; or (vi) adultery
coupled with desertion, without reasonable excuse,
for two years or upwards.
5. Corespondent.
Where the husband is the petitioner, he shall make the alleged adulterer a corespondent to the
petition unless he is excused by the court from doing so on one of the following grounds—
that the respondent is leading the life of a prostitute, and that he knows of no person with whom the
adultery has been committed;
that he does not know the name of the alleged adulterer although he has made due efforts to discover
it; or
that the alleged adulterer is dead.
6. Scope of inquiry by the court.
The court shall satisfy itself, so far as it reasonably can, as to the facts alleged, and also whether or
not the petitioner has been in any manner accessory to or conniving at the going through of the form
of marriage or the adultery complained of, or has condoned it, and shall also inquire into any
countercharge which may be made against the petitioner.