MO v RO & Anor

MO v RO & Anor

The applicant failed to prove on the balance of probabilities that any marriage ceremony, customary or civil, took place between MO and RO on 20 June 1977 or any other date. The only direct evidence was from the applicant, whose credibility was undermined by sustained impersonation of another, inconsistencies, and lack of corroborative evidence. The supporting affidavits were unreliable and raised more questions than answers. There was no circumstantial or documentary evidence of travel or marriage, and the parties' conduct was consistent with a joint ruse for immigration purposes rather than a genuine marriage. Accordingly, the court declares that MO and RO were never married.

Parties
Applicant: MO; First Respondent: RO; Second Respondent: RIG LTD
Jurisdiction
England and Wales
Judgment Date
01 March 2013
Procedural Posture
Family Law Declaration of Marital Status / Judgment After Trial
Outcome
Application dismissed; declaration that parties were never married.
Legal Topics
Declaration of Marital Status, Customary Marriage, Polygamous Marriage, Domicile, Nullity, Immigration Status, Evidence Assessment
Family Law Declaration of Marital Status Customary Marriage Polygamous Marriage Domicile Nullity Immigration Status Evidence Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

MO

Applicant

RO

First Respondent

RIG LTD

Second Respondent

Procedural Posture

Family Law Declaration of Marital Status / Judgment After Trial

Legal Issues

  1. 1 Whether a valid marriage ceremony took place between MO and RO under Nigerian customary or civil law on 20 June 1977 or any other date
  2. 2 Whether any such marriage, if it occurred, was void under s.11(d) Matrimonial Causes Act 1973 as a polygamous marriage while RO was domiciled in England and Wales
  3. 3 Whether the applicant is entitled to a declaration of marital status

Ratio Decidendi

The applicant failed to prove on the balance of probabilities that any marriage ceremony, customary or civil, took place between MO and RO on 20 June 1977 or any other date. The only direct evidence was from the applicant, whose credibility was undermined by sustained impersonation of another, inconsistencies, and lack of corroborative evidence. The supporting affidavits were unreliable and raised more questions than answers. There was no circumstantial or documentary evidence of travel or marriage, and the parties' conduct was consistent with a joint ruse for immigration purposes rather than a genuine marriage. Accordingly, the court declares that MO and RO were never married.

Court Disposition

Application dismissed; declaration that parties were never married.

Orders

  • Declaration that MO and RO are not and have never been married.