This is the presumption that where a
Nigerian marries in accordance with the rites of the church of England (before
the passing of the Marriage Act) or where a Nigerian is married under Christian
rites outside Nigeria or under the Marriage Act in Nigeria, there is a
rebuttable presumption that he intends his life thereafter to be governed by
English law or statutory law. This is consistent with the decision in Cole v Cole.
In
Smith v Smith, it was held that the
fact that Nigerians married according to the rites of the Church of England
raised a presumption that they intended their lives and their property should
be regulated by English laws and standards; but, that this was not conclusive
evidence of such an intention and that in deciding the question, the court
should be guided by consideration of the position in life occupied by the
parties and their conduct with reference to the property in dispute.
Similar
to this is the presumption that when a woman called as a witness against the
accused person, swears on the Bible and says merely that the accused is her
husband, without indicating the form of marriage between them either – Christian,
Moslem or Customary – then there is a presumption that she has been married to
him under the Christian, Monogamous system.
In R v Daniel Ajiyola & Ors (1943) 9 WACA 22 one of the witnesses
called for the prosecution described herself as the wife of one of the accused persons.
She was sworn on the Bible, as also her husband. It was held that it must be
presumed that they were husband and wife of a Christian marriage. Same was the
case in R v Laoye.
© Onyekachi Duru Esq and www.legalemperors.com, 2016. (All Rights Reserved) Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Onyekachi Duru Esq and www.legalemperors.com with appropriate and specific direction to the original content.
© Onyekachi Duru Esq and www.legalemperors.com, 2016. (All Rights Reserved) Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Onyekachi Duru Esq and www.legalemperors.com with appropriate and specific direction to the original content.