Civil Appeal No. 244 of 2017, between ALBERTUS LOTTER SADIE … APPELLANT and ELSABE VILJOEN SADIE … RESPONDENT
An appeal from the Ruling and Order of the High Court of Kenya at Nairobi, (J. K. Sergon, J) dated 13th May, 2016
Judgement of the Court
This is a rather unusual case in which the husband seeks to use the coercive power of an injunction to stop his wife from defaming him. The High Court (Sergon, J.) refused to grant a temporary injunction on the basis that communication between spouses is privileged, hence this interlocutory appeal by the husband.
The two parties are South African citizens, but before June 2015, they lived together in Nairobi as man and wife. The husband worked as an Accountant for Ecobank Transnational Inc. (Ecobank) while the wife was unemployed. Their life together, however, went south due to irreconcilable differences and they separated. The wife went back to South Africa and in August 2015, the husband filed for divorce in the Chief Magistrate's court in Nairobi [CM Divorce Cause No. 272 of 2015]. The divorce case has yet to be heard.