Juma s/o Kisunda v. Hema s/o Mjie, (PC) Civ. App. 85-D-67, 14/9/67, Saidi J.

Juma s/o Kisunda v. Hema s/o Mjie, (PC) Civ. App. 85-D-67, 14/9/67, Saidi J.

The mother of the five children in question was originally married to a member of respondent’s clan. Her husband died, as did his brother who inherited her after the death. The mother then left the clan and later allegedly married appellant. Appellant is the father of the five children. Custody of the children was awarded to respondent, for the bride price paid by the first husband was not returned. Under Nyaturu customary law, the mother, as his widow, was still in his clan. Appellant did not challenge this on appeal, but he did claim expenses incurred in caring for the children. Two of the daughters are now married and the bride price was taken by respondent.

            Ordered: The claim for reimbursement for the maintenance of the five children is meritorious. Evidence should be taken as to the amount maintenance of a child in that locality. Case remanded to the District Magistrate for the taking of such evidence.