SIMPSON J.: (His lordship referred to the history of the case, and continued:-
The District Magistrate decided to call evidence as to the customary law involved. The witness, unfortunately, was not asked what customs are required to be performed where the man and woman had already been living together, as they had been in this case. The plaintiff stated that he was given no opportunity to put any question to the witness, and the record appears to bear that out. The District Magistrate was not justified, therefore, in rejecting the District Court’s exposition of the customary law involved.
In his judgement the District Magistrate said, “There is nothing in the evidence to prove that plaintiff was in fact married to the defendant.” From an examination of the evidence of the witness called by the Magistrate, and the explanation of the District Court, I take the view that basically the only requisites to a marriage are the consent of the girl’s parents, and of the girl herself. I am fortifi…