Greaves v Greaves

Facts

A marriage that was to follow a licence was celebrated without one. One party did not know that a licence was required. The English section said that persons who knowingly and wilfully intermarry without due banns or licence are not married.

Issue

Is a formal defect fatal if only one party knew of it?

Held

The marriage was valid. Both parties had to know of the defect and proceed in spite of it.

Principle

Under a statute that uses the words 'knowingly and wilfully', want of banns or a licence avoids the marriage only where both parties have that knowledge.

Why it matters

Do not apply it to section 10 of the Christian Marriage Act or section 15 of the Civil Marriage Act. Those sections do not use the words. Want of banns, a licence or a certificate avoids the Sierra Leone marriage whether or not the parties knew. Knowledge of both parties is required only where the ceremony used a false name, which the sections say in terms.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.