Nyungwi s/o Nhambali v. Bozzi s/o Lyamgholo, (PC) Civ. App. 166-D-67, 10/4/68, Biron JH.

Nyungwi s/o Nhambali v. Bozzi s/o Lyamgholo, (PC) Civ. App. 166-D-67, 10/4/68, Biron JH.

Plaintiff, upon the dissolution of his marriage to defendant’s daughter after 14 years and 7 children, sought the return of the bride wealth he had paid. No evidence was adduced as to who was the guilty party. The primary court awarded plaintiff 11 cattle and 7 goats. The district court reduced this award to 7 cattle and 6 goats, because of the long duration of the marriage and the birth of children. Plaintiff suggested that these were irrelevant factors.

            Held: The Law of Persons [G.N. No. 279/63] specifically provides that both the number of years of married life, and the number of children borne by a wife to her husband are material and relevant factors in determining the amount of bride wealth to be returned to the husband upon dissolution of the marriage. Decision of the district court was upheld.