Mkhandi Ghumpi v. Fatuma Salum, (PC) Civ. App. 72-D-67, 28//8/67, Hamlyn, J

Mkhandi Ghumpi v. Fatuma Salum, (PC) Civ. App. 72-D-67, 28//8/67, Hamlyn, J

Plaintiff was assaulted and driven away from her home by her husband four times during 1966. On three occasions she went to the home of her parents and was ordered by her father to return to her husband. On the fourth occasion, she sued for divorce in Primary Court. The divorce was granted, the court ruling that plaintiff’s father was not obliged to return the dowry.

            Held: Under Nyaturu law, under such circumstances, the wife is entitled to the divorce. The husband has no right to a return of the dowry, since he has “clearly demonstrated that the marriage, so far as he was concerned, was at an end.”

            The Court stated, further, that the Nyaturu law, as interpreted by the trial court and its assessors, “accords with the basic principles of natural justice.