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In English Common Law marriage, as encapsulated by Hyde v Hyde is a private agreement between one woman and one man to the exclusion of all others. On the other hand, African customary marriages are, by and large, a communal affair that is signified by protracted negotiations, customary rites and marriage consideration.
The aforementioned fundamental differences between the two systems of marriage notwithstanding, there are significant points of convergence between Civil/Christian and African Customary law marriages in Africa.
Discuss this assertion in the context of the essentials of a valid marriage, citing relevant constitutional provisions, statutes, case law and customary law practices.
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