Kumbata Mahimbo v. Kumbata Mugendi, (PC) Civ. App. 52-D-66; 1/3/67; Saidi, J.

Kumbata Mahimbo v. Kumbata Mugendi, (PC) Civ. App. 52-D-66; 1/3/67; Saidi, J.

Appellant had brought an action in a primary court for unpaid bride wealth. The parties settled the case respondent agreeing that the bride wealth was due. Appellant withdrew his suit without claiming costs, and later filed another action for the costs of the initial suit.

            Held; “The fact that (appellant) withdrew the action cannot debar him from claiming his costs…….” The bride wealth was in fact due, and was paid only after appellant brought legal proceedings. The respondent could have avoided the costs by paying his just debt, and “cannot now escape the liability to pay the costs of the suit.”