Bernard Boyikafundi v. Tamayamali Mganidas. Civ. App. 62-D-69; 17/1/70, Saidi J.

Bernard Boyikafundi v. Tamayamali Mganidas. Civ. App. 62-D-69; 17/1/70, Saidi J.

The respondents claimed damages against the appellant for enticing and eloping with the respondent’s daughter. The Primary Court ruled that the respondent was not entitled to claim any damages, as the girl was over twenty-one years of age. Clause 90 of the Customary Law Declaration provides that: - “a man who elopes with a woman who is free of matrimonial bonds and has passed the age of 21 years has to pay neither fine nor compensation”. The appellant took the respondent’s daughter into his house as a second wife. They had a child and he offered to pay the dowry, 4 cattle, 12 goats and Shs. 780/-, to the respondent, but the offer was turned down. He further said that he could pay an instalment of 3 cattle and 8 goats immediately.

            Held: (1) “The District Court was not entitled to award damages to the respondent to the extent of Shs. 502/50, as it did.” (2) “In the circumstances, it is clear that the relationship of a father and his son-in-law has been established. I direct that the appellant pay to his father-in-law the first instalment of 3 cattle and 8 goats as dowry forthwith, and arrangements for the balance be agreed upon.”