Shauri s/o Dighis v. Mohe s/o Dighs, (PC) Civ. App. 125-A-66, 4/7/68, Platt J.

Shauri s/o Dighis v. Mohe s/o Dighs, (PC) Civ. App. 125-A-66, 4/7/68, Platt J.

The parties were half-brothers, plaintiff being the son of the junior house and defendant the son of the senior house. When defendant was married, plaintiff’s mother gave him a wedding present of one cow. After some years, during which the cow produced six offspring, plaintiff’s marriage was arranged, and his mother then asked defendant for a wedding present for plaintiff of one cow. Defendant refused, denying that there was any duty under the customary law (which was not identified in the High Court judgment) to exchange wedding presents, and saying that in any event he had already given a suitable present to plaintiff’s family in recompense for the cow he had received. Plaintiff sued in the Endasale Primary Court for the return of the cow given to defendant, along with its six offspring. The assessors agreed with his position, and the magistrate gave judgment for him. The District Court at Mbulu, again in agreement with its assessors, hel that no customary law duty to exchange presents had been established, and gave a judgment for defendant. The High Court called further assessors for assistance, and their opinion was that the District Court had been correct.

            Held: “In these circumstances, the balance of opinion is in favour of the judgment of the District Court, which seems …. To be a more sensible opinion than that expressed by the Primary Court.” Plaintiff’s appeal dismissed.