JEBEILLE AND ANOTHER vs. ASHKAR AND ANOTHER [1977]DLHC1331

Date	1977-07-04
Suit No.
Citation No.	[1977]DLHC1331

GRIFFITHS-RANDOLPH J.

B. KWAW SWANZY FOR THE PLAINTIFFS.

NO APPEARANCE BY OR FOR THE DEFENDANTS.

[1977]DLHC1331
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													<main id="main" class="content" style="min-height: 60rem" >JEBEILLE AND ANOTHER <o:p></o:p>vs. <o:p></o:p>ASHKAR AND ANOTHER <o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p>[1977] GLR 458<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
4 JULY 1977<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

B. KWAW SWANZY FOR THE PLAINTIFFS.<o:p></o:p>

NO APPEARANCE BY OR FOR THE DEFENDANTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

GRIFFITHS-RANDOLPH J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF GRIFFITHS-RANDOLPH J.<o:p></o:p>On 21
January 1977, an originating summons was filed by Mr. Kwaw Swanzy on behalf of
the plaintiffs claiming that a marriage celebrated between the second plaintiff
and the first defendant was null, void and of no effect.<o:p></o:p><o:p>&nbsp;</o:p>A search
conducted by counsel on 2 February 1977, revealed that the defendants had been
served with the originating summons on 21 January 1977, but that neither of
them had entered an appearance; and so that very day, counsel filed an ex parte
application for hearing of the summons.<o:p></o:p><o:p>&nbsp;</o:p>Then on 11
February 1977 he drew the court’s attention to certain relevant sections of the
Marriage of Mohammedans Ordinance, Cap. 129 (1951 Rev.), and pointed out that
since the provisions of the Ordinance had not been complied with the marriage
was not valid.<o:p></o:p><o:p>&nbsp;</o:p>The first
plaintiff also testified that almost a year after his sister, the second
plaintiff, had gone through a marriage ceremony with the first defendant, which
was celebrated by a Mohammedan priest, she had told him about it; also that
although the celebration had been on 19 January 1976, the marriage had been
registered on 13 February 1976. Further that she showed him a certificate of
the marriage signed by a district magistrate; so that he saw Imam Abass who was
the celebrant, and the registrar of the district court, who explained the
provisions of Cap. 129 to them. Furthermore that when they realised that the
marriage was not valid, the second plaintiff requested that they should take
appropriate steps to have the marriage declared null and void, so that another
marriage may be celebrated, and properly registered.<o:p></o:p><o:p>&nbsp;</o:p>If the
second plaintiff had not been indisposed, I would have preferred her evidence
to that of her guardian or wali; but of course, a party to a suit need not
testify, and I accept the uncontroverted testimony of the first plaintiff about
the dates of the celebration of the marriage and its registration, i.e. 19
January 1976 and 13 February 1976 respectively, which are borne out by the
certificate which was tendered in evidence.<o:p></o:p><o:p>&nbsp;</o:p>Now the
Marriage of Mohammedans Ordinance, Cap. 129 (1951 Rev.), which came into force
on 30 December 1907 contains provisions for the registration of marriages and
divorces among Mohammedans; and for the purposes of the instant application I
shall confine myself to those relevant sections of it which deal with the
former, i.e. the registration of marriages: (a) Section 5 provides that: “Every
Mohammedan marriage celebrated in the Gold Coast after the commencement of this
Ordinance shall be registered in manner provided by the next succeeding
section.”<o:p></o:p>(b)
Section 6 (1) reads: <o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“The
bridegroom, the bride’s wali, two witnesses to the marriage, and a Mohammedan
priest licensed under section 3 shall as soon as conveniently may be, and
before the expiration of a week after the celebration of the marriage, attend
at the office of the District Commissioner for the purpose of registering the
same.”<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(c)
Section 2 says that the en</main>