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ANASTASIA AINA GOODING AND ANOTHER
V.
OMOLARA MARTINS
THE WEST AFRICAN COURT OF APPEAL HOLDEN AT LAGOS, NIGERIA
3RD DAY OF JULY, 1942
2PLR/1942/10 (WACA)
OTHER CITATION(S)
2PLR/1942/10 (WACA)
(1942) IX WACA PP. 108 – 109
LEX (1942) – WACA PP. 108 – 109
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BEFORE THEIR LORDSHIPS:
KINGDON, C.J., NIGERIA
BROOKE, J.
FRANCIS, J.
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BETWEEN:
1. ANASTASIA AINA GOODING
2. QUIRINA AINA BANKOLE — Plaintiffs
AND
OMOLARA MARTINS — Defendant
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REPRESENTATION
L. B. Agusto — for Plaintiffs
E. A. Akerele — for Defendant
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ISSUE(S) FROM THE CAUSE(S) OF ACTION
FAMILY LAW:- Validity of marriage in Roman Catholic Church at Abeokuta in 1906 depended upon provisions of section 2 of Marriages Validation Ordinance, 1916 (No. 3 of 1916) — Children of the marriage entitled to inherit property of their father who died intestate
ESTATE MANAGEMENT AND PLANNING:- Succession to property of a deceased person successively married to two women — Character of marriage(s) — How determined — Legal effect
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CASE SUMMARY
Hilario Campos and Florence John were married according to the rites of the Roman Catholic Church at Abeokuta on the 29th November, 1906. The Church, at that time, was not licensed for the celebration of marriage. The plaintiffs were the surviving issue of the marriage.
Florence John died on the 25th March, 1911. Campos and the defendant, Omolara Martins, were married in accordance with native law and custom in 1931. Hilario Babatunde Campos was born of this marriage on the 7th May, 1938.
On his death-bed Campos went through a form of marriage with the defendant, Omolara Martins, according to the rite of the Roman Catholic Church, and on the 14th December, 1941, Campos died intestate. This learned Judge found that the ceremony performed between the plaintiffs’ parents in 1906 did not constitute a valid Christian marriage. On these facts the court reserved for the opinion of the Appeal Court the question as to who are the persona entitled to inherit Campos property.
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DECISION OF THE WEST AFRICAN COURT OF APPEAL
Held:
The attention of the Court below had not been drawn to the provisions of section 2 of the Marriages Validation Ordinance, 1916 (No. 3 of 1916) which validated the marriage at Abeokuta in 1906 and that, on the facts, the persons entitled to inherit Campos’ property were the plaintiffs.
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MAIN JUDGMENT
The following joint opinion was given:-
KINGDON, C.J., NIGERIA, BROOKE AND FRANCIS, JJ., NIGERIA.
The following is the Case Stated submitted to us:-
“I find as facts: –
1. That Hilario Campos and Florence John were married according to the rites of the Roman Catholic Church at Abeokuta on 29th November, 1906.
2. That the plaintiffs are the surviving issues of the marriage having been born on the 5th October, 1907, and 25th March 1917 respectively.
3. That Florence John died on 15th April, 1911.
4. That Campos and defendant— Omolara Martins— were married in accordance with native law and custom in 1931.
5. That Hilario Babatunde Campos was born of this marriage on 7th May, 1938.
6. That on his death-bed Campos went through a form of marriage with defendant — Omolara Martin — according to the rites of the Roman Catholic Church.
7. That Campos died on 14th December, 1941, intestate.
‘QUESTION
On the above facts who are the persons entitled to inherit Campos’ property?”
The whole doubt and difficulty in the Court below arose because the attention of the Court was not drawn to the Marriages Validation Ordinance, 1916 (No. 3 of 1916), the relative part of section 2 of which reads:-
“Every marriage celebrated in the Provinces of Abeokuta, Ondo or Oyo before the commencement of this Ordinance by any minister of any religious denomination or body, according to the rites in use by such religious denomination or body, shall be, and shall be deemed to have been from the time of the celebration thereof, a legal and valid marriage;”
In view of this, it is clear that those parts of the provisional judgment of the learned Judge in the Court below, namely:-
“While I am satisfied that Campos and Florence John did go through the ceremony of marriage according to the rites of the Roman Catholic Church in 1906, I am unable to hold that this ceremony constituted a valid marriage.”
and
“I accordingly hold that the ceremony performed between the plaintiffs’ parents in 1906 did not constitute a valid Christian marriage are incorrect.”
We are of opinion that the marriage celebrated between Hilario Campos and Florence John on the 29th November, 1906, was a legal and valid marriage and that the principles laid down in the case of Cole v. Cole (I.N.L.R. 15) and subsequent cases apply, and that on the authority of those cases the persons entitled to inherit Campos’ property are his children by that marriage.
We accordingly answer the question submitted to us as follows:-
“On the facts set out, the persons entitled to inherit Campos’ property are the plaintiffs.”