Mugaya Marwa v. Shoma Goro, (PC) Civ. App. 222-M-67, 24/1/68, Mustafa J.

Mugaya Marwa v. Shoma Goro, (PC) Civ. App. 222-M-67, 24/1/68, Mustafa J.

The husband of defendant’s daughter brought this action to regain some or all of the bride price he had paid. The spouses had lived together for 5 years, she bearing him two children. Their divorce was grounded on the fault of the wife. The District Court awarded plaintiff the return of 30 cattle and Shs. 135/-, which represented about half the original bride price.

            Held: When neither party is guilty of wrongdoing in the breakup of a marriage, and there are live off-spring of the marriage, no refund, or only a nominal one, of the dowry is made. Here, however, the wife was the guilty party, and consequently her former husband is entitled to the return of a substantial amount of the bride price he paid to her father. Order of the District Court upheld.