Customary law—Marriage—Conversion—Church wedding no blessing of
subsisting customary marriage— Couples married under custom competent to marry
under Marriage Ordinance, Cap. 127—Persons subject to customary law marrying
under Ordinance remaining subject to customary law in all matters save those
specifically excluded by statute and necessary incidents of marriage under the
Ordinance—Marriage Ordinance, Cap. 127 (1951 Rev.).
Evidence—Promise to marry—Proof—Corroboration—Success in action for breach of
promise dependent on corroboration of allegation of promise by material evidence—
Allegation by customary wife of promise by husband of wedding within specified
time—No witnesses called in proof by wife—Whether plea by husband of mutual
agreement for wedding in future sufficient corroboration of promise—Whether
reciprocal promise constituting consideration presumable on behalf of wife from her
consent to customary marriage and cohabitation with husband—Whether agreement
binding—Evidence Further Amendment Act, 1869 (32 & 33 Vict., c. 68), s. 2.
Contract—Promise to marry—Performance—Promise to be performed within
reasonable time—Promise allegedly contingent on man's financial position—No
particulars about financial inability pleaded by man—Whether case of breach made
out.
Evidence—Promise to marry—Corroboration—Need for corroboration of testimony of
customary wife that husband promised wedding within three months—No witnesses
called in proof of testimony—Conflicting testimony by husband on issue of promise
and of marriage to another woman—Whether untruths of denials corroboration against
husband—Whether husband in breach of promise.
Damages—Contract—Breach—Promise to marry—Breach of promise of Ordinance
marriage by customary husband—Husband's gainful employment and injury to wife's
feelings factors for computation—Promise made both before and simultaneously with
customary marriage—Wife yearning for wedding—Failure of wedding ruining
customary marriage of wife—¢