Manyasa v. Mwanakombo (PC) Civ. App. 34-D-68; 20/10/70; Georges C. J.

 

Manyasa v. Mwanakombo (PC) Civ. App. 34-D-68; 20/10/70; Georges C. J.

            A divorced wife sued the husband for maintenance of three   children. The husband died before the case was finalized. The District Magistrate substituted a surviving widow for the deceased husband and made an order of maintenance against her at the rate of Shs.50/= per month. On appeal, the learned judge set aside the order because the liability for maintaining the children of the broken marriage rested on the deceased husband and not on his surviving widow. The judge however awarded the children a house allegedly owned by the deceased. When the divorced wife sought to execute the order, a claimant appeared who asserted that the house was   his as it had been transferred to him years ago by the deceased.  The Chief Justice in this inspection note outlined the proper            

                        Held: (1) “The divorced wife should have been advised to apply for execution under the Magistrates’ Courts (Civil Procedure in Primary Courts) Rules, 1964, section 58. The claimant could then appear and show cause why he should not be evicted.  If the Court rejects the claim, then the matter would be at an end, the order executed.  If the Court holds that the property in fact belongs to the claimant, then the divorced wife can appeal if she wishes”.