Ex parte: Sandberg [1912] ZAWLD 24 (8 August 1912)

Reported
Flynote

Husband and Wife.-Divorce.-Jurisdiction.-Domicile.-Change.-IIntention without Action.-Vagabundus.

Case summary

The intention of a person to establish a home in a specific place is in itself insufficient to establish the domicile of such person in that place. To establish such domicile residence must be actual as well as intended.
Where a man has never changed his domicile of origin he is not a vagabundus and, if his original domicile is not in South Africa, the Court has no jurisdiction to decree an order of restitution of conjugal rights against him.


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