ABSTRACT
This chapter deals with factors affecting capacity to contract a statutory marriage. Where Africans have the option of contracting a statutory marriage in accordance with the general law of their territory, they are normally subject to the ordinary requirements of that law respecting the age of marriage. In the majority of the British colonial territories the local legislation does not appear to contain any express provision as to the age of marriage. Africans who intend to contract a statutory marriage appear to be everywhere subject to the same prohibitions as non-Africans in respect of relationship by consanguinity or affinity. The different systems of European law vary considerably in the rules which they lay down concerning prohibited degrees. Marriage Act the law of the Colony shall prevail over native law and custom in the matter of prohibitions based on blood or affinity.
