Andrea Wisai v. Fransiska Opong, (PC) Civ. App. 105-M-66, 15/11/67, Cross J.

Andrea Wisai v. Fransiska Opong, (PC) Civ. App. 105-M-66, 15/11/67, Cross J.

Plaintiff sued for divorce in Primary Court. Defendant produced a document signed by the parish priest of the Local Catholic church, whose purport was that the parties had been “married in Paganism but were subsequently baptized as Catholics and they agree to respect the sacrament of matrimony’.” The Primary Court held that it had no jurisdiction, since the document established that the marriage was a Christian marriage. The District Court reversed.

            Held: “(A)  customary marriage does not become a Christian marriage by the subsequent baptism of the parties.” The Primary Court therefore had jurisdiction to hear and adjudicate the suit for divorce. Defendant’s appeal dismissed.