Mtatiro Chacha v. Lucas Ochola Civ. App. 244-M-69; 29/12/69; Brambel J.

Mtatiro Chacha v. Lucas Ochola Civ. App. 244-M-69; 29/12/69; Brambel J.

The parties had obtained a divorce after 51/2 years of married life during which the wife bore one child who died the divorce was granted because of the husband’s ill-treatment of the wife. The husband sued in the primary court for return of bride price. He claimed 36 head of cattle and Shs. 200/- but was awarded only 17 head of cattle and Shs. 100/-. The judgment was upheld by the district court. He then appealed to the High Court. Section 56 of the Law a Persons provides that; - “If a husband is the guilty party the wife is granted her divorce immediately the court has decided the case. The question of repayment of bride wealth is dealt with separately.” Section 57 provides: - “If a husband ill-treats his wife with the object of forcing a divorce, the court can decided that none or only part of the bride wealth is to be returned even if no children have been born o the marriage.”

            Held: (1) “The evidence is perhaps not very clear but it could be inferred from the divorce case that it was the appellant’s ill-treatment of his wife that led to the break-up of the marriage. The court, therefore, had discretion to determine what part of the bride wealth was to be refunded. There is nothing to show that discretion was improperly exercised.” (2) Appeal dismissed.