Tatsing v. Njume-Tatsing
2017 Ohio 8460
| Ohio Ct. App. | 2017Background
- Parties: Serge Tatsing (plaintiff) and Sally Njume-Tatsing (defendant) alleged to have had a 2002 marriage ceremony in Kumba, Cameroon; later lived in the U.S. and had three children.
- Tatsing filed for divorce in Ohio in July 2015; Njume-Tatsing filed counterclaims and, in November 2015, separately petitioned a Cameroonian court to nullify the marriage without notifying Tatsing or the Ohio court.
- The Cameroon High Court (Dec. 23, 2015) declared the marriage void under Cameroonian law because the ceremony was not performed by a civil registrar of a spouse’s place of birth or residence.
- Njume-Tatsing moved to dismiss the Ohio divorce action based on the Cameroonian ruling; the Ohio trial court initially denied dismissal (citing comity and due-process concerns) but later granted reconsideration and dismissed for lack of subject-matter jurisdiction.
- On appeal, the Ohio Tenth District affirmed, holding lex loci contractus governs marital validity: because the marriage was invalid where solemnized (Cameroon), Ohio courts lack jurisdiction to grant a divorce.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ohio court had subject-matter jurisdiction to decide divorce | Tatsing: marriage admitted in pleadings and trial court should retain jurisdiction; comity and Due Process concerns require recognizing marital status here | Njume-Tatsing: marriage invalid under Cameroon law; lex loci contractus controls, so Ohio lacks jurisdiction | Court: Affirmed dismissal — marriage invalid in Cameroon, so Ohio lacks jurisdiction to grant divorce |
| Whether admitting marriage in answer waived jurisdictional challenge | Tatsing: defendant’s earlier admissions prevent later challenge | Njume-Tatsing: jurisdictional defects cannot be waived and may be raised anytime | Court: Jurisdictional defects are non-waivable; defendant may raise lack of subject-matter jurisdiction after pleading |
| Whether Ohio should decline recognition based on Cameroonian proceedings’ due-process defects | Tatsing: High Court proceedings lacked notice and were procedurally deficient; comity does not require enforcement of repugnant foreign judgments | Njume-Tatsing: issue is marital validity under Cameroon law, not enforcement of foreign judgment | Court: Even accounting for notice issues, Cameroonian law clearly required civil-registrar solemnization and parties did not comply; lex loci controls, so marriage invalid everywhere |
| Whether trial court erred by relying on Cameroon High Court order without transcripts/exhibits | Tatsing: lack of Cameroonian record and factual disputes required more evidence | Njume-Tatsing: High Court’s legal conclusion mirrors Cameroonian statute and Ohio evidence showed noncompliance | Court: Evidence and statutory interpretation support invalidity; absence of Cameroonian transcript did not undermine conclusion |
Key Cases Cited
- Mazzolini v. Mazzolini, 168 Ohio St. 357 (1958) (establishes lex loci contractus rule: validity of marriage determined by law of place solemnized)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (defines abuse-of-discretion standard)
- State ex rel. Lee v. Trumbull Cty. Probate Ct., 83 Ohio St.3d 369 (1998) (recognition of foreign decrees is discretionary and grounded in comity)
- Hilton v. Guyot, 159 U.S. 113 (1895) (foundational principles on comity and recognition of foreign judgments)
- Tahan v. Hodgson, 662 F.2d 862 (D.C. Cir. 1981) (discusses limits on recognition of foreign judgments when public policy or jurisdictional issues arise)