G. Sharples V. J. Barton (1951)

LawGlobal Hub Judgment Report – West African Court of Appeal

Enticement—Action is based on right of husband to consortium of wife —
Insufficient to establish illicit relationship and that wife left husband—Plaintiff must prove wife’s departure direct result of defendant’s procuring, persuading or enticing.

Facts

The plaintiff sued the defendant for enticing his wife to depart from the consortium of her lawful husband and was awarded £1,000 damages.

The Court considered the nature of the action and the degree of proof required to substantiate a claim of this kind. The essence of the action is procuring, persuading or enticing the wife to depart from the husband’s home. The Court is not concerned with the aspect of adultery or with questions of moral behaviour arising from an illicit relationship and something more than alienation of affection must be proved.

Held

It was not enough to prove that the wife committed adultery with the defendant and left the matrimonial home or that he alienated her affections. The required standard of proof was not satisfied at the trial. It was not shown there was any definite interference by the defendant, or any procuring, inciting, or that but for his persuasion the wife would or might not have left the matrimonial home and deprived the husband of her consortium. That conclusion was fatal to plaintiff’s case.

Appeal allowed.