GE v KE & Anor

John Fox for the Applicant Jennifer Seaman for the Respondents Hearing dates: 24th to 28th June 2013 ____________________

This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court.

(a) E or his proxy would have had to inform his kinsmen that he wished to be divorced, and to convince them to support him in that wish. One of the kinsmen to be informed and convinced would have to be the family Diokpa (head of the family). This is a necessary step. A divorce could not take place without the approval or consent of E's kinsmen;

(b) The kinsmen of the wife needed to be informed that the husband wants a divorce. Usually this would be done through his own kinsmen. A meeting of the two sets of kinsmen would be held to discuss the matter and reach agreement;

(c) The bride price would have to be returned by the wife's kinsmen and accepted by the husband's kinsmen. The price had to be negotiated in money terms. Very occasionally the husband could waive the return of the bride price, but this had to be agreed by the wife's kinsmen. If a waiver could not be agreed the husband had to accept the return of the bride price. Otherwise there would be no valid divorce. Once it was paid and received the marriage would come to an end.