Kidukila d/o Alli v. Rashidi s/o Rashidi, (PC) Civ. App. 10-D-67; 2/6/67; Hamlyn, J.

Kidukila d/o Alli v. Rashidi s/o Rashidi, (PC) Civ. App. 10-D-67; 2/6/67; Hamlyn, J.

The precise nature of the action brought by plaintiff is not clear, but the issue whether he and defendant had been married under Islamic and Zaramo law. Although defendant had lived with him for a number of years, and plaintiff had made a payment of Shs. 100/- to her father, she argued that the payment was only a customary “introduction-fee” and that it did not effect a marriage. The Primary Court found for defendant, the assessors agreeing that plaintiff had not paid the required dowry and that, in any event, the Islamic form of marriage had been followed in the Zaramo area for some time. The District Court of Ilala found that there was a marriage, despite the advice of the assessors that “neither by local custom nor by Islamic law did a true marriage exist between the parties.”

            Held: Because the assessors were unanimous in saying that no marriage existed, and because “there was nothing else on the record” to show the contrary, the arrangement between the parties must be held not to have been a marriage.