Manisius Odemba v. Rusabel Aila (PC) Civ. App. 49-M-69; 15/1/70; Kimicha J.

 Manisius Odemba v. Rusabel Aila (PC) Civ.  App. 49-M-69; 15/1/70; Kimicha J.

The appellant divorced his wife and the respondent mother-in-law was ordered to pay back the 15 head of cattle that had been given as bridewealth. The respondent had sold the cattle and could not produce the original animals but was willing to pay some other 15 head of cattle. The appellant secured an attachment order against one Johnson whom he alleged was in possession of his cattle. 12 head of cattle were seized and paid to the appellant. Johnson appealed on the grounds that he had lawfully bought the cattle from the mother-in-law and the District Court allowed the appeal.  The appellant appealed against the decision. The High Court judge considered the fact that the appellant and respondent’s daughter were married for six years and had two children and that during that time the mother-in-law could have sold the cattle.

            Held: (1) “I agree with the district court that, after taking all the facts of the case into consideration. Manisius cannot insist on having the original beasts that he had paid to Rusabel and that he should accept other cattle paid to him in the presence of the persons mentioned in the district court judgment.” (2) Appeal dismissed.