Syed Ahmad Idid J:

The plaintiff seeks a declaration that she is the legal wife of the defendant and that the Native Customary Marriage entered into between them on 24 June 1990 is valid and subsisting in law.

The plaintiff, born in 1963, is a Kadazan Tatana and so is a Native of Sabah. "Native" is defined by Section 2 (1) (a) of the Interpretation (Definition of Native) Ordinance 1952 which at the beginning was applicable to the Colony of North Borneo.

The defendant was born in 1961 at Beaufort of Chinese parents.

Facts

5 May 1990:

Plaintiff and defendant underwent a Tea Ceremony held to celebrate the marriage between them according to Chinese customs.The defendant's parents, brothers and sisters-in-law and the plaintiff's father and brother attended.Coloured photographs were taken of those who attended and of the plaintiff and defendant in bridal dress/suit and tendered as exhibits.Plaintiff served tea at the ceremony.

The plaintiff and defendant thereafter cohabited as wife and husband.

24 June 1990:

Plaintiff and defendant underwent another celebration of their marriage, this time according to the adat-istiadat (customs) of the Kadazan Tatana at the plaintiff's father's r