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ADEMOLA, C.J.N. (Delivering the Leading Judgment): The respondent in this appeal was the caveatrix in a matrimonial proceeding before the High Court of the Western State holden at Ibadan. She filed a caveat against the notice of marriage between the 1st appellant and the 2nd appellant on the ground that the 1st appellant had married her in accordance with the Customary law and that she was expecting a baby by him, and under section 47 of the Marriage Act it would be illegal for him to get married to the 2nd appellant under the Marriage Act.
For convenience, the respondent in this appeal will be hereinafter referred to as the caveatrix, the appellants who were the original respondents in the matter will be referred to as the respondents.
The learned Chief Justice Western State who heard the matter, on 22nd April, 1968 ordered that the caveatrix should on or before 26th April, 1968 file an affidavit setting out all the facts she was relying upon to prevent the marriage. At the same time…