Matiko Chabha v. Mathisad Mwita, (PC) Civ. App. 56-D-68 , 4/11/68, Saidi J

Matiko Chabha v. Mathisad Mwita, (PC) Civ. App. 56-D-68 , 4/11/68, Saidi J

This was a claim for the return of dowry, the parties wee married under customary law, and the husband had paid dowry. On divorce, normally dowry is not returnable once children have been born, which was the case here. However the wife had since remarried and her father had received a second set of dowry

Held: Under clause 52B of the Customary Declaration Order, 1963 the claim for the return of dowry by the husband on dissolution of the marriage cannot be entertained if the wife has borne him children. The Declaration does not touch on the relevant issue raised in the instant case, namely whether it is fair to bar the husband from recovering the dowry or a proportionate part thereof where the wife who has borne him children is divorced and having been re-married dowry is paid again to the father. This way a father could get several sets of dowry for the same daughter. In such a case the former husband is entitled to recover a substantial part of the dowry he has paid.