Section 155: Evidence de bene esse—During a divorce hearing the petitioner had
consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
155. Evidence de bene esse—During a divorce hearing the petitioner had
his evidence taken de bene esse before the Master and Registrar of the
Court. The trial Judge granted a provisional divorce. The wife appealed.
HELD the hearing was in breach of section 10 (8) of the Constitution. In
order to have a fair trial the Judge must hear the parties giving evidence.
Evidence may be taken de bene esse before the Master and the Registrar
in an undefended divorce suit. Boodhoo v Boodhoo (1988).