ON THE VALIDITY OF CUSTOMARY MARRIAGES, BRIDE PRICE IS SINE QUA-NON NO MATTER HOW LONG AND INCIDENTALS IN THE UNION.

Mere sexual congress or a sexual relationship, however, prolonged, and whatever number of children results from the union, is not recognized as marriage; it remains what it is, esteemed concubinage.

According to Sowemimo J, in Re Proposed Marriage between Ayorinde and Aina [1964] Lagos LR Pg 71. His Lordship submitted thus:

“There is no doubt that it might appear a bit on the hard side that after having had 3 children for (KA), it should be held that whatever might have been their relationship, it is not recognized as a marriage under Yoruba law and custom; but that’s the law”.

Note, we must all know that every now and then, romance brings sweet love and then, it is followed by deep pain. Without caution, a desire to soothe the pain may becloud good judgment. Yet no balanced judge should lend his hand to assauge the feeling of a lover whose romance went awry.

A key feature of dissolution of native law marriage is the refund of bride price. So when no refund was made to the previous husband whose wife has deserted, the marriage ennures for no the benefit of the deserted man.