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Published online by Cambridge University Press: 28 July 2009
1 (Unreported) MC No. F95 of 1993 (5 April, 1995).
2 This was an undefended action and the court relied entirely on the plaintiff's declaration.
3 This public officer is designated a “marriage officer” by s. 7 of the Marriage Act, 1917, which retains the colonial style of “administrative officer” for this category of public officers.
4 An argument in Gaobotse v. Gaobotse (unreported) MC No. 59/95 (11 August, 1995) to the effect that in cases of this sort the plaintiff should not use the phrase “null and void” in his prayer was dismissed by Gaefele, Ag.J., as a misconstruction of s. 22 of the Matrimonial Causes Act.
5 Ibid., s. 22(6).
6 [1897] P. 263.
7 Ibid. at 269.
8 Ibid. at 266.
9 Ibid. at 267.
10 Such a marriage will now be voidable under the English Matrimonial Causes Act, 1973, s. 12(f). (S. 22(3)(d) of the Botswana Matrimonial Causes Act, 1973, is to the same effect, the Act being based on the English statute.)
11 See Hahlo, , South African Law of Husband and Wife (4th ed.), 1985 at 82–83Google Scholar, and Hunt, P.M.A., “Error in the contract of marriage”, (1962) 79 SALJ 423Google Scholar, (1963) 8 SALJ 94, 231.Google Scholar
12 Per Ormrod, L.J., in C v. C (Divorce: Exceptional Hardship) [1980] Fam. 23 at 27.Google Scholar
13 See Fay v. Fay [1982] A.C. 835.Google Scholar
14 See Cretney, S.M., Principles of Family Law (4th ed.), London, 1984, at 109.Google Scholar