Mussa Chegere v. Marwa Nyanchama. Civ. App. 216-M-69; 18/11/69; Bramble J.

Mussa Chegere v. Marwa Nyanchama. Civ. App. 216-M-69; 18/11/69; Bramble J.

The appellant married the respondent’s daughter in North Mara and paid pride price of 39 cattle. She died about one month after the marriage. The appellant claimed that 19 head of cattle had been returned to him leaving 20. He now claims to be refunded cows, 250/- he paid in tax and a sheep he had slaughtered for the respondent. The trial magistrate took note of section 80 of the Law of Persons which provides that when a wife dies, a husband is not entitled to a return of the bride price. He found, however that the respondent had agreed to return half the remainder of the bride price and made an order for 10 cattle. The district court quashed the order.

Held: (1) “An agreement is enforceable in law only where the party seeking enforcement has given something to the other party that is where he has suffered some disadvantage for the benefit he seeks. The respondent was under no obligation to make any refund and in exchange for the refund the appellant was conceding nothing. The agreement was not, therefore, legally enforceable. Moreover if parties make a contract outside the law they cannot hope to get the assistance of the courts. (2) Appeal dismissed.