Ngoye s/o Kwakila v. Ndemere s/o Kihamba, Civ. App. 39-M-66; 17/2/67; Mustafa, J.

Ngoye s/o Kwakila v. Ndemere s/o Kihamba, Civ. App. 39-M-66; 17/2/67; Mustafa, J.

Pursuant to the Waha custom of “Bugabile” which was found by the lower court to be no longer part of the customary law, appellant received a cow from respondent. “Bugabile” was a concept some what like that of conditional gift; accordingly, respondent, after several years had passed, sought to revoke the gift and recover the cow.

            Held: Although the custom is no longer practiced, the concept of “Bugabile” should be given effect ( and the revocation of the “gift” sanctioned), since it reflects the intention of the parties.