Nilila Nsabi v. Dosa Shija (PC) Civ. App. 283-M-69; 15/1/70; Kimicha J.

 

Nilila Nsabi v. Dosa Shija (PC) Civ. App. 283-M-69; 15/1/70; Kimicha J.

The appellant Nilila, married the respondent’s daughter, failing, however to pay the customary bridewealth for a considerable time. Meanwhile, a daughter, Saana, was born of this marriage. Under customary law, [the judgment does not name the law, but apparently it is Sukuma law] this daughter would have o be redeemed from the respondent, her maternal grandfather, by the payment of the bride- wealth in question. Before this occurred, Saana was married, and the grandfather, the respondent, incurred expenses of Shs. 521/- for her wedding, as follows:- Shs. 120/- the costs for cattle and goats slaughtered for wedding purposes; Shs. 100/-, dowry for the girl’s mother, termed “Mkaja”. And Shs. 301/- goods, including house holder for the bride. Moreover, the respondent, the bride’s grandfather, received the bridewealth paid by Saana husband. Following the marriage, the appellant paid the respondent, his father-in-law, the long overdue bridewealth, thereby redeeming his daughter, Saana, and in turn receiving from the respondent, the bridewealth paid for Saana. The respondent then sued the appellant for the expenses he had incurred for Saana’s wedding.

            Held: (1) “It is evident from the undisputed facts that had Nilila redeemed his daughter before she was married he would have had the customary obligation of performing and paying for the wedding ceremonies. His delay in paying the redemption fee for his daughter compelled the respondent to fulfill this obligation on his behalf.” (2) “As the respondent handed over to Nilila the

Brideprice that he had received for Nilila’s daughter, I find it reasonable that Nilila should also pay a reasonable sum to the respondent as his share for his daughter’s wedding expenses I find that the District Court gave sound reasons for awarding the sum of Shs. 370/50, to the respondent.” (3) Appeal dismissed.