Lester & Lester

The case of *Lester & Lester* involved an appeal before Kay, Warnick, and May JJ concerning an application for divorce. The husband opposed the divorce on the grounds that the wife lacked the capacity to marry due to a prior marriage. The central dispute revolved around whether a valid marriage had existed between the parties.

The legal issues before the court were whether the evidence sufficiently established the validity of the marriage between the parties, and consequently, whether the wife had the capacity to enter into the marriage. The court was required to determine if the presumption of a valid marriage, arising from a ceremony and cohabitation, could be rebutted by the evidence presented.

The court allowed the appeal, setting aside the previous orders and dismissing the application. Their Honours noted that the evidence, particularly a Ghanaian wedding certificate dated 13 December 1997, along with seventeen years of cohabitation as husband and wife, raised a strong presumption of the marriage's validity. This presumption, supported by the principle that proof of a marriage ceremony followed by cohabitation casts the burden of proof on those denying its validity, prevailed over the husband's assertions. The court also granted costs certificates to both the appellant and the respondent under the *Federal Proceedings (Costs) Act 1981*.