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In an earlier judgment Warioba, the brother of the present appellant, was ordered to pay compensation to the present respondent for having committed adultery with his wife Because Warioba had no property, several head of cattle belonging to appellant were seized by respondent in satisfaction of the earlier judgment. Appellant brought this action to recover the cattle.
Held: Under customary law the respondent had a bon fide claim to the cattle and they could be seized in satisfaction of the judgment. However, the High Court was “satisfied that this law, if applied, would be repugnant to justice and morality…..” The Court ordered that the cattle be returned to appellant.
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%20(1).png&description=Meta Tebera v. Isakwe Rongoya, (LC) Civ. App. 63-D-65, 16/5/67, Duff, J.){kind=link}
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