The court considered whether a traditional ceremony in the Ga tradition of Ghana was effective to create a customary marriage. The respondent was at the time already monogomously married, which would normally make the traditional marriage ineffective. The petitioner said that the respondent had led her to believe that he was free to marry. A recording of ceremony was produced. The respondent said that it was of an engagement ceremony only. The petitioner said it had been followed immediately by the marriage. The payment of a dowry was said to be part of a marriage ceremony not an engagement.
Held: ‘the Petitioner fails to establish that a ceremony of marriage was purportedly performed which lacked validity and effect only because of the Respondent’s subsisting marriage. The burden of proof is upon her, and I find that she has not discharged it.’ The respondent had not intended to mary on that day.
Singer J
[2006] EWHC 642 (Fam)
Bailii
England and Wales
Updated: 09 June 2021; Ref: scu.240155 br>