TENGEY AND MARY DOE vs. GEORGE DOE

The second plaintiff who claims to be a wife of the defendant by marriage under customary law, has sued jointly with her father, the first plaintiff, claiming maintenance for herself. By customary law, a man is liable to maintain and house his wife according to his station in life. This principle of the customary law has not been disputed in this case. The defendant admitted in his statement of defence that he was married to the second plaintiff by customary law as pleaded by the plaintiffs. He pleaded, however, that the said marriage has been dissolved, and therefore his liability to maintain the second plaintiff has ceased. Upon that defence, the first issue to be determined is whether or not the marriage between the second plaintiff and the defendant has been dissolved. The case came before the court on the 30th April; 1962, on a summons for directions and for a date to be fixed for trial. There was no appearance for the defendant on that day. The case was fixed for trial on th...