PC) Civ. App. 105-D-66; 25/5/67;
Hamlyn, J
Defendant claimed to be the true wife
of the deceased. There was evidence that she had co-habited with him for a long
period, and two witnesses testified that deceased had told them that defendant
was his wife. The district court on appeal reversed a judgment for defendant.
Held:
(1) The common law principle that prolonged co-habitation raises a presumption
of marriage, where circumstances to the contrary do not arise should be
applied. There was no evidence to the contrary in the present case.
(2) The
district court (the first appellate court) erred in giving no weight to the
testimony concerning the statement of deceased that defendant was his wife.
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