Ngaida Msasu v. Rajabu Hanai, (PC) Civ. App. 83-D-67, -/10/67, Saidi J.

Ngaida Msasu v. Rajabu Hanai, (PC) Civ. App. 83-D-67, -/10/67, Saidi J.

Plaintiff was married to a certain woman under customary law. Because of a misunderstanding, she left him to live with her parents for about six months; she then converted to Islam and married defendant, a Moslem, according to Moslem rites. Plaintiff sued defendant, claiming “ugoni,” or damages for adultery. He was awarded Shs. 50/-, and defendant was ordered to leave the woman alone on the grounds that she was a married woman, He did not do so. About four years later, plaintiff sued again, obtaining shs. 100/- and a similar order. On appeal, the District Court reversed, holding that the second marriage could not be annulled and that, because the plaintiff was not a Moslen, the woman could not be directed to return to him.

            Held: As the woman had been lawfully married to plaintiff under customary law, that marriage could not be superseded by any other form of marriage until it was first dissolved. [Citing Local Customary Law (Declaration ) Order 1963, Clause 101C.] Plaintiff’s appeal allowed.