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Omoro Nyangerere v. Matitiro Machango, (LC) Civ. App. 13-M-65, 14/8/67, Cross J.
Defendant received twelve head of cattle as dowry for his daughter, who married plaintiff. They remained married for some time without having children, but in 1963 the wife left the matrimonial home. Plaintiff then brought this action in Primary Court for return of the cattle.
Held: Since no children had been born of the marriage, it was proper to order, as the District Court did on appeal, that only nine of the cattle be refunded. {Local Customary Law (Declaration ) Order, 1963, Rule 52} Appeal dismissed.
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