Nyandito d/o Makori v. Wichoka Masanja, (PC) Civ. App. 95-M-66, 30/8/67, Mustafa, J.

Nyandito d/o Makori v. Wichoka Masanja, (PC) Civ. App. 95-M-66, 30/8/67, Mustafa, J.

Plaintiff divorced her husband, and 21 head of cattle paid as bride wealth were returned to him She then sued for the return of 15 cattle on the grounds that she had lived with him for 14 years and had borne him 7 children, 4 of whom were still alive. These children were living with the husband . In the Primary Court, one assessor thought that she was entitled to the return of some of the cattle originally given, while one other disagreed on the grounds that it was she who had initiated the divorce. The Primary Court (Musoma District) awarded her 10 cattle, but the District Court held that she was not entitled to any award. The District Court assessors apparently agreed that this was the proper result.                                                         

Held: Although the wife initiated the divorce proceedings, she was not clearly at fault. In view of the length of time she spent with her husband, and of the fact that she had given birth to children during the marriage, “the court has a discretion in this case to award some cattle ….” [Citing Local Customary Law (Declaration) Order, G. N. 279 of 1963, ss. 52-55; no mention was made of the specific customary law involved.] Plaintiff awarded 7 cattle.