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Nyakasara Kilimo v. Marwa Mwita, (PC) Civ. App. 171-M-66, 11/12/67, Seaton J.



Nyakasara Kilimo v. Marwa Mwita, (PC) Civ. App. 171-M-66, 11/12/67, Seaton J.

Plaintiff and his wife were divorced after 14 years of childless marriage, the marriage admittedly failing due to the fault of the wife. Plaintiff sued for the return of the bride-wealth, but the North Mara District Court awarded only 7 of 22 cattle claimed and 5 of 14 goats, on the grounds that the long duration of the marriage reduced the portion of bride-wealth which could be recovered.

            Held: Where the wife is the guilty party in a divorce, the husband is entitled to a return of the bride wealth given in full. [Citing Rule 58 of the Law of Persons 

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