Setlogelo v Setlogelo 1914 AD 221

Setlogelo v Setlogelo 1914 AD 221

Issues

The issue in this case was whether a customary law marriage, contracted when both parties were 15 years old, was valid. The court held that the marriage was valid, even though the parties were minors at the time of the marriage.

Facts

The appellant, a woman, was married to the respondent, a man, in a customary law marriage when both parties were 15 years old. The marriage was celebrated with the consent of the parties' parents.

After the marriage, the appellant and respondent lived together for several years and had two children. However, the marriage subsequently broke down and the appellant sued for divorce.

Procedural History

The trial court held that the marriage was invalid because the parties were minors at the time of the marriage. The appellant appealed the decision to the Appellate Division.

Issue

The issue in this case was whether a customary law marriage, contracted when both parties were 15 years old, was valid.

Holding

The Appellate Division held that the marriage was valid, even though the parties were minors at the time of the marriage. The court reasoned that customary law marriages were valid if they were celebrated with the consent of the parties' parents.

Reasoning

The court reasoned that customary law marriages were valid if they were celebrated with the consent of the parties' parents. The court also reasoned that the parties had cohabited for several years and had had two children, which indicated that they had ratified the marriage.

Conclusion

The Appellate Division's decision in this case is significant because it clarifies the law relating to the validity of customary law marriages. The decision emphasizes that customary law marriages are valid if they are celebrated with the consent of the parties' parents.

The decision also provides guidance to parties who are involved in customary law marriages. Parties who are involved in customary law marriages should be aware that their marriages may be valid, even if they are minors at the time of the marriage.