Wandwi s/o Chacha v. Nyanganane Makere, (PC) Civ. App. 223-M-67, 21/1/68, Mustafa J.

Wandwi s/o Chacha v. Nyanganane Makere, (PC) Civ. App. 223-M-67, 21/1/68, Mustafa J.

Plaintiff and defendant were living in concubinage, jointly cultivating shambas and raising cattle and sheep. Apparently, plaintiff, the man, had originally followed defendant to her holding to live. [When defendant drove plaintiff away, he sued her, in [these Primary Court in North Mara District, for a number of the cattle and sheep, some wheat, and a cassava shamba.

            Held: (1) Under section 96 of the Law of Persons, Government Notice No. 279 of 1963, a man who follows a woman to her holding to live in concubinage is entitled to “a quarter of all properly which has been obtained with his help, apart from his individual properties ….. “ (2) As only the animals were clearly obtained by defendant “with his help”, plaintiff is entitled to one-fourth of the monetary value of the animals.