LAW REFORM (HUSBAND AND WIFE) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Actions in tort between husband and wife

   3   Saving for certain causes of action

 

THE LAW REFORM (HUSBAND AND WIFE) ACT

[Date of Commencement: 28th April, 1970]

Act 11 of 1970.

1   Short title

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   This Act may be cited as the Law Reform (Husband and Wife) Act.

2   Actions in tort between husband and wife

   (1) Subject to the provisions of this section, each of the parties to a marriage shall have the like right of action in tort against the other as if they were not married.

   (2) Where an action in tort is brought by one of the parties to a marriage against the other during the subsistence of the marriage, the Court may stay the action if it appears-

   (a)   that no substantial benefit would accrue to either party from the continuation of the proceedings; or

   (b)   that the question or questions in issue could more conveniently be disposed of on an application made under section 16 of the Married Women's Property Act (determination of questions between husband and wife as to the title to or possession of property),

and without prejudice to paragraph (b) the Court may, in such an action, either exercise any power which could be exercised on an application under the said section 16, or give such directions as it thinks fit for the disposal under that section of any question arising in the proceedings.

   (3) Provision shall be made by rules of Court for requiring the Court to consider at an early stage of the proceedings whether the power to stay an action under subsection (2) should or should not be exercised.

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