Mahundya Mburumatare v. Mugendi Nyakangara, Civ. App. 207-M-68, 26/11/68, Seaton J.

Mahundya Mburumatare v. Mugendi Nyakangara, Civ. App. 207-M-68, 26/11/68, Seaton J.

The respondent claimed compensation for adultery allegedly committed by his alleged wife. The question turned on the proof of marriage. The respondent argued that he married the woman in 1964, and that the marriage certificate was not regarded as necessary under the local customs.

Held: (1) The case falls to be determined under the Declaration of Customary Law, G. N. Non 279 of 1963. Section 86 provides that the marriage must be legalized by the issue of a marriage certificate. The traditional ceremonies have no legal force.

            (2) In the instant case besides the not –production of the marriage certificate there were other discrepancies in evidence which indicated that there was no marriage between the respondent and the woman. Appeal allowed.