Modestus s/o Edward v. R. Crim. App. 370-D-71; 22/9/71; Biron J.

Modestus s/o Edward v. R. Crim. App. 370-D-71; 22/9/71; Biron J.

            The appellant was convicted or arson c/s 319 of the Penal Code and was committed to the High Court for sentence. The appellant aged 18 years was engaged to the complainant’s daughter and had been paying bride-price by instalments. He had already paid Shs. 200/- over a period of here years. There remained a balance of Shs. 60/= and five head of cattle and the complainant refused to allow his daughter to live with the appellant until all the payments had been completed.

                        Held: (1) “By rule 29 of the Law of Persons, G. N. 279/1963: “The marriage takes place after the first installment. It is not customary to fix the amount and dates of the installments payable after the marriage”. (2) “The appellant, if the complainant persisted in his attitude would have to wait at least another five years before the marriage. Even the Patriarch Jacob, who had to put in seven years labour for Laban in order to obtain his daughter Rachel in marriage, was allowed to take and marry her at the commencement of his seven-year stint.” (3) “The accused’s youth has already been noted. He appeared in Court as a first offender ………… I impose a sentence of imprisonment for fie years but in view of the peculiar and strong mitigating circumstances, as empowered by section 294 of the C. P. C. I order that the sentence be suspended for a period of three years conditional on the appellant committing no crime involving violence.”