Nikupala v. Kasambala, (PC) Civ. App. 21-DDM-72, 30/6/62, Mnzvas, J.

 

Nikupala v. Kasambala, (PC) Civ. App. 21-DDM-72, 30/6/62, Mnzvas, J.

The appellant sued his father-in-law for the refund of bridewealth. Before divorce the appellant’s wife had born him two children. The appellant’s claim of 18 head of cattle and Shs. 180/= was reduced by the Masebe Primary Court to 4 head of cattle and Shs. 100/= in its exercise of original jurisdiction. The appellant’s appeal against the original award was dismissed by the District Court. On appeal to the High Court.

            Held: (1) “In dismissing the appeal, the learned District Magistrate relied on the provisions of ss. 528 and 54 of G .N. No. 279/1963. I agree with the District Court’s decision that where children have been born in a marriage, the question as to how much of the dowry is to be refunded in the case of divorce is a mother to be decided by the court taking into account all the circumstances of the case.” (2) “The court’s discretionary powers under section 54 of the Government Notice have to be reasonably and judicially exercised, always taking into account the degree of guilt in respect of each party.” (3) “The appeal is incompetent and accordingly fails.”