private international law

Facts

X and Y (both are non-muslim domicile in Namibia and nationality of Namibia) were in love and planned to get married. Both had approached their parents. However

because X was unemployed and Y was a student age 17, their parents objected to it. Under the Namibian law, consent of female’s parents is a requirement to form a valid

marriage. X and Y with the help of Z, (domicile in Sudan and a nationality of Sudan) had eloped to Zambia, and solemnised the marriage in Zambia as under Zambian law Y

does not need consent to get married.
X and Y came back to Namibia after the marriage and started their new life as husband and wife. Y’s father who is so disturbed with the act of X and Y seeks your

advice on how to make the marriage of X and Y is to be declared as null and void. At the same time Y’s father, reveals to you that Y is an adopted daughter where Y’s

biological parents are Somalian (domicile in Somalia and Somalian nationality). You are a lawyer, practicing in Namibia.
Based on the above scenario answer the following questions:
What are the possible arguments that you can make before the court in order to convince the court that the marriage is null and void. (2 ½ marks)

Assuming that Y’s father also wants to sue Z. What are the arguments that must be presented by you before the court? ( 2 ½ marks)

The length of the answers should be between 4 pages for EACH question.
Support you answer with relevant International Convention and decided cases.

 

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