Kemori Makima v. Sabayi Rioba (PC) Civ. App. 4-M-70; 7/3/70; Kimicha J.

Kemori Makima v. Sabayi Rioba (PC) Civ. App. 4-M-70; 7/3/70; Kimicha J.

After a successful suit for divorce against his wife, the respondent sued the appellant, his further-in-law for the refund of the bride-price being 36 head of cattle and Shs. 40/-. The appellant agreed to pay 25 head of cattle and the trial magistrate after considering the time the married parties had lived together and the cause for the break of the marriage held that the appellant should pay only 25 heads of cattle. The respondent appealed to the district court which allowed the appeal and ordered that the 36 head of cattle be paid back because the appellant’s daughter was to blame for the break of the marriage.

            Held: (1) “Sections 151 and 153 of the Declaration are only example of common grounds for divorce and in considering the repayment of bridewealth the provisions of sections 52-57 apply. It is my view after examining the primary court record that these provisions were considered by the primary court before delivering judgment. The District Court dealt with the appeal as though the lower court had no made a finding based on these provisions and did therefore not give reasons for differing with the finding of the lower court.” (2) “I also do not agree with the district that the behaviour of Kemori’s daughter was so bad as not to entitle him to retention of part of the pride price.” (3) Appeal allowed.