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REX
V.
ARMOO MENAHS

(1922) JELR 83470 (FC)

Full Court 10 Apr 1922 Ghana
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- A marriage celebrated under the Marriage Ordinance is presumed valid for criminal purposes under the Criminal Code, unless the accused proves both parties knowingly and wilfully acquiesced in a statutory irregularity per section 41(2) of

Case Details

Judges:SIR PHILIP CRAMPTON SMYLY, C. J. LOGAN AND HALL, J.J.
Counsel:R. C. Nicol, for the defendant. L. E. V. McCarthv, Crown Counsel, for the Crown.
Other Citations:1922 Full Courts 61-63

SMYLY, C.J.: In the above case stated the Judge of first instance held that there was sufficient evidence before the court to show that there had been a valid marriage in law, and that it was a marriage under the Marriage Ordinance of this colony. Two questions have been submitted to us on the case stated, (1) whether any foreign religious ceremony performed in the colony without the compliance and satisfaction of the local Marriage Ordinance of 1884 brings such marriage under the said Ordinance de facto, and makes it a legal marriage for any purpose under the said Marriage Ordinance; (2) whether the ignorance of the parties at the time of such irregularity should bind them in a criminal charge under the Marriage Ordinance of I884 for any purpose, if one of the parties desires to avail himself of such irregularity.

The charge against the accused was that on or about the month of November, 1920, at Axim in the Axim district and within the jurisdiction of the said court having contracted…

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