The Appellant and Respondent were wife and husband respectively until the dissolution of their marriage by a court decree of the Primary Court of Kasenyi District at Sengerema, Mwanza in 2009. The trial magistrate held the view that it was the Appellant’s constructive desertion that resulted in the Respondent leaving his matrimonial home. The Respondent had left the matrimonial home for a period that exceeds 3 years as required by the law. The evidence on record shows that it was the Respondent who left the matrimonial home without good or reasonable cause. The Respondent left the matrimonial home in 1995 in order to remarry.

