Peter Mwansula v. Amulike Mwamasika, (PC) Civ. App. 93-D-67, 30/8/67, Saidi J.

Peter Mwansula v. Amulike Mwamasika, (PC) Civ. App. 93-D-67, 30/8/67, Saidi J.

Plaintiff’s mother, alleged to be a practicing Christian, had died. Plaintiff sued the decedent’s brother, also Christian, claiming one cow under the Wanyakyusa practice of “Ukumbamba” where by the father or brother or brother of a deceased woman provides a “mourning cow” to be slaughtered for the occasion of the mourning  of her death. Defendant resisted on the grounds that to do so would violate his Christian beliefs and result in his ostracism, and that the practice would not comport with the fact that his sister had died a Christian.

            Held: Under the statement of this practice in Rungwe District Council by-laws, Nos. 25/51 and 22/50, the gift of the mourning cow is voluntary. Plaintiff’s appeal dismissed.