ABSTRACT

Facts: By consent both actions were tried together by the resident magistrate for Clarendon. In the action plaint 215/69 Alfred Maragh v James & Edith Williams the claim was for breach of contract and for preparation made and provisions supplied for a wedding-feast in connection with the marriage of Leonard Maragh and Rachael Williams which did not take place. In the action 216/69 Leonard Maragh v Rachael Williams the claim was for breach of promise of marriage. Included in the claim was an amount for moneys expended by plaintiff in contemplation of the marriage. The defence was that Rachael Williams was an infant being under 16 years of age and could not make a valid contract of marriage because of the provisions of the Marriage Law, Cap 237 [J], as amended by s 2 of the Marriage (Amendment) Law, 1957, No 48 [J], and so the contract was void. If not void it was voidable at her option, being an infant.