Maswi s/o Wambura v. Ryoba s/o Muhono, (PC) Civ. App. 189-M-66; 20/12/67, Duff J.

Maswi s/o Wambura v. Ryoba s/o Muhono, (PC) Civ. App. 189-M-66; 20/12/67, Duff J.

Plaintiff gave 16 cattle as bride wealth when he married. The marriage was brief, as he contracted a serious disease. Under Bakuria law, he was entitled to 15 of the cattle upon the termination of the marriage; for some reason, these were not recovered at the time. His wife thereafter married defendant, who gave her parents 21 cattle as bride wealth. Plaintiff sued defendant for 30 cattle, including 14 estimated as the number of the offspring of the original 16.

            Held; A suit between successive husbands would only lie “where the woman was living in concubinage with the second ‘husband.’ Plaintiff’s remedy, if any, is against his former wife’s parent, and not against defendant “who did not benefit in any way from the price paid” by the plaintiff to them.