Flynote and Headnote
[1] Family law - Marriage - Potentially polygamous - Conversion to monogamous marriage
Marriage under the Marriage Ordinance of persons previously married to each other by customary law converts the potentially 20 polygamous marriage to a monogamous marriage.
[2] Courts - High Court - Jurisdiction - Divorce - Marriage potentially polygamous - Conversion to monogamous marriage.
Where marriage was potentially polygamous at its inception but was monogamous at time of proceedings, the court has jurisdiction 25 to adjudicate upon such marriage.
[3] Family law - Marriage - Effects of subsequent monogamous marriage - Distinguished from English law.
Because Zambian Marriage Ordinance expressly provides for conversion of a customary marriage into a monogamous marriage, 30 doubts as to the validity of the second marriage do not arise as is possible under English law.
[4] Family law - Divorce - Form of petition - Necessity of including both cutsomary and statutory marriages - One marriage recited in decree of divorce.
The 35 petition for divorce should provide particulars, as required by Rule 9 (2) of the Matrimonial Causes Rules, 1968, of both the customary marriage and the marriage under the Marriage Ordinance to enable court to decide which marriage to recite in decree.
[5] Family law - Divorce - Customary and statutory marriages - Recitation 40 in decree.
Where persons contract a customary law marriage and subsequently a second statutory ceremony between the same persons takes
1969 ZR p93
SKINNER CJ
place, both marriage ceremonies have legal effect but only the statutory marriage should be recited in the decree.
[6] Courts - High Court - Jurisdiction - Divorce - Polygamous or potentially - polygamous marriages - Conversion to monogamous marriage.
The High Court exercises jurisdiction in divorce in substantial 5 conformity with the law and practice for the time being in force in England which does not assume jurisdiction to dissolve polygamous marriages. But where a subsequent statutory marriage has taken place, the High Court has jurisdiction.
[7] Family law - Divorce decree - Effect on status of parties. 10
A decree dissolving a marriage operates not on the ceremony but the status of the parties and where parties have married under customary law and then under Marriage Ordinance
