1 section 81 parties intended to marry give notice to

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1. Section 8(1) Parties intended to marry give notice to the registrar. 2. Section 10(1) The Registrar enters notice in marriage book. 3. Section 10(2) Registrar also publishes copy of notice and affixes it at public place at his office. 4. Section 11(1) The registrar may issue certificate after 21 days of affixing and before 3 months expire. The Registrar should be satisfied in sworn affidavit that:- a) one of the parties is resident within the district.; and b) Each of the parties is above 21 years old or if below, written consent to that marriage has been granted and annexed; and 28 3 (2) The High Court, the Court of Appeal and all subordinate courts shall be guided by African customary law in civil cases in which one or more of the parties is subject to it or affected by it, so far as it is applicable and is not repugnant to justice and morality or inconsistent with any written law, and shall decide all such cases according to substantial justice without undue regard to technicalities of procedure and without undue delay. 14
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c) The parties do not fall within the prohibited degrees of consanguinity, and affinity; and d) Neither of the parties is married to someone else apart from the one they are purporting to marry; and However, section 15 29 of the same Act provides that someone who knows of a just cause why the marriage should not take place may enter a caveat against the issue of the registrar’s certificate. Under section 16 30 the registrar shall refer the matter to the high court which shall make a final decision on the matter after summoning the parties to intended marriage and the person entering the caveat who - will be required to show cause why the registrar should not issue his certificate. 31 The facts given for this case do not make mention of caveats nor of notices of the intended marriage. However, section 7 32 of Cap 151 provides that the formalities of marriage under it exclude the abovementioned preliminaries of marriage. Therefore a caveat need not be registered and if the applicants approached the court under Cap 151 then seeking an ex parte order injunction was a proper channel Mohammedan and Hindu Law The acts do not address. However voidable (Fasid) and void (Isatil) marriages are recognized. Customary Law Jurisdiction Did the senior resident magistrate have jurisdiction to hear an application for the ex parte injunction? On jurisdiction, the African Christian Marriage and Divorce Act. Section 14 states that subordinate courts of the first class shall have the same jurisdiction in the case of marriages solemnized or contracted under this Act, as is vested in the Supreme Court by virtue of the Matrimonial Causes Act. The Matrimonial Causes Act, Section 3 gives jurisdiction to the Supreme Court which shall be exercised in accordance with the law applied in matrimonial proceedings in the high court of justice of England.
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  • Spring '16
  • Law, Matrimonial Causes Act, Waiganjo

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