Stephano v. Mwanjala (PC) Civ. App. 135-D-70; 5/4/71; Pandu J.

Stephano v. Mwanjala (PC) Civ. App. 135-D-70; 5/4/71; Pandu J.

The appellant’s son was married to the respondent daughter on the basis of a dowry which was 6 heads of cattle and Shs. 600/-. The son died. It was alleged by the appellant that the daughter was then inherited by the son’s younger brother but she deserted him and married another man who paid bridewealth to the respondent. As a result, the appellant claimed for the return of 4 head of cattle and Shs. 600/- paid in respect of his son’s marriage allowing 2heads of cattle for the daughter as a reward for her long and peaceful married life with his son. He won in the Primary Court but the District Court reversed.

Held: (1) “To effect inheritance of a deceased’s wife to a husband’s relative or a brother, as is in this case, two or three factors must be fulfilled – consent of the wife must be sought for; a new certificate be issued or at least the old one is to be changed by deleting deceased’s name and inset that of the inheriting husband. These should be fulfilled as per pare 63 and 88 of the laws of persons; but Para 64 of the same demands that consent to the inheritance be obtained from the family council so that “she becomes the legal wife of the relative.” Here, inheritance of the wife was not proved. (2) It is improper to allow the father of a

girl to continue to get bride-price from the girl’s subsequent marriages with other men without refunding proportionate parts of the earlier bride-prices no matter whether children have been born of the earlier marriage. (3) “In the circumstances there is sufficient reason for the District court’s finding and order to be interfered with and accordingly allow the appeal and order that 4 heads of cattle plus Shs. 200/- be returned to the appellant. This amount is half the bride-wealth.”  (4) Appeal allowed.