Adam Kharid v. Amina Rajabu, (Pc) Civ. App. 95-D-67, 28/8/68; Saidi J.

Adam Kharid v. Amina Rajabu, (Pc) Civ. App.  95-D-67, 28/8/68; Saidi J.

The parties had lived together as husband and wife for eight years, although no bride price had been paid. The father was now claiming custody of the children born as a result of this union. It was admitted that among the Haya people there existed a form of marriage called “Kulehya” which was preceded by elopement. (Hans Cory and Hartnoll).

            Held: Non-payment of brideprice would not necessarily invalidate the marriage, nor would the absence of a marriage certificate (para. 86, Declaration of Marriage). The parties were married according to Haya customary law. Alternatively, there was a case of reputed marriage and so the children were legitimate. (Kiangi Sekanyonge v. Mnyika Msingi (Local Court Digest No. 202) and Langeni Yonaza v. Haika d/o Asakari (Local Courts Digest No. 202) and Langeni Yonaza v. Haika d/o Asakari (Local Courts Digest No. 204). Although appellant was the lawful father of the children, their welfare demand that they remain with the mother.