GRIFFITHS-RANDOLPH J.: 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.
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.
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.
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 t…