Sungwa s/o Fumbuka v. Manyanda Kasalucha, (PC) Civ. App. 79-M-67, 3/1/68, Cross J.

Sungwa s/o Fumbuka v. Manyanda Kasalucha, (PC) Civ. App. 79-M-67, 3/1/68, Cross J.

Plaintiff sued his wife’s father for return of bride wealth paid at the time of his marriage. He said his wife had left him one the time of his marriage. He said his wife had left him one year previously, and that he did not know where she was. His witness.

However, said that the two were still married, as far as he knew. The Igusele/Nzega Primary Court found that “claimant ….. is rejecting his wife,” rather than that she had deserted him; still, it awarded half of the bride wealth, citing Government Notice 279 of 1963, paragraph 59. Plaintiff appealed to the District Court, which ordered repayment of the entire bride wealth on the ground that the wife had become pregnant by another man. This evidence was evidently obtained at a Primary Court hearing after the District Court had begun to hear the case; at the hearing, the wife said that the plaintiff was the father; and the plaintiff “baldly said that he was not responsible.”

            Held: (1) Paragraph 59 of Government Notice 279 deals with repayments of bride wealth in case of divorce. The evidence indicates that the parties to this marriage have not been divorced, and no refund whatever is allowable. (2) Without directly disapproving the method by which the wife’s evidence was taken in these proceedings, the Court further held that there was “nothing like sufficient evidence on which the district magistrate could base the finding referred to.”