Doto d/o Sweya v. Mhinda d/o Sweya, (PC) Civ. App. 187-M-67, 4/6/68, Seaton J.

Doto d/o Sweya v. Mhinda d/o Sweya, (PC) Civ. App. 187-M-67, 4/6/68, Seaton J.

Defendant was the eldest and plaintiff the youngest of three sisters. Their parent died when they were young. Defendant acted as mother of the other two sisters up to the time of their respective marriages, receiving the bridewealth for both of them. After twenty years, plaintiff brought this action demanding return to her of the eight head of cattle paid as bridewealth upon her marriage, together with thirty-two others which she claimed as their offspring.

            Held: (1) The Law of Person, G.N.279/1963, which is applicable to the Nzega District by virtue of G. N. 13/1964, contains no express provisions on this question; but section 7 confirms that the person entitled to receive bridewealth is the father or his main heir. [Citing also ss. 34, 35]. (2) It is not clear whether bridewealth was customarily received in “trust” in Nzega; but here was a custom whereby the father of the bride, or his main heir, could share the bridewealth. (3) The remaining twelve cattle admittedly in defendant’s possession may be retained as her share of the bridewealth and as compensation for her services. Plaintiff’s appeal allowed.