Chibaya s/o Mbuyape v. James s/o Mlewa, (PC) Civ. App. 104-D-67, 20/11/67, Hamlyn J.

Chibaya s/o Mbuyape v. James s/o Mlewa, (PC) Civ. App. 104-D-67, 20/11/67, Hamlyn J.

Plaintiff sued defendant in Primary Court for cattle and goats in respect of bride price. The action was governed by Gogo customary law, and the judgment for defendant was based upon the opinion of Gogo assessors as to this law. On appeal to the District Court, the magistrate, sitting without assessors, reversed the judgment and entered judgment for plaintiff.

            Held: “Customary law ……. Is the law originating in the customs of a particular locality or tribe and (unless of course such law is contrary to the general law of the country or is immoral or otherwise objectionable) remains the law of that locality until it becomes changed by general usage of the applied law. It is not for the courts to reasons.” As the judgment of the primary court was based on the opinion of persons well versed in Gogo customary law, it was reinstated.