Viljoen v Viljoen [1910] ZASCOFSPD 13 (15 September 1910)

Husband and wife.-Restitution of conjugal rights.-Absence of husband for ten years.-No evidence of malicious desertion.-Leave to sue.

Where H had disappeared ten years ago to fight for the Boer forces, and had not been heard of since, leave was granted to sue for restitution of conjugal rights and in the alternative to add a claim for leave to liquidate the joint estate.