Nyamhanga Wansaga v. Mkami Bange, (PC) Civ. App. 120-M-68, 20/7/68, Mustafa J.
Mkami claimed that he married the sister of Nyamhanga, and had paid 41 head of cattle as bride-wealth. Mkami was later convicted of cattle theft, and Nyamhanga paid 5 head of cattle as compensation. When Mkami came out of prison he said he could not pay 5 head of cattle. As a result Nyamhanga took away his sister (wife of Mkami). Mkami claimed that the marriage was dissolved and that he was entitled to recover the whole of the bridewealth.
Held: Nyamhanga had intended to dissolve the marriage by taking away his sister. Only 37 head of cattle were paid as bride-wealth and 13 head of cattle were paid as bride-wealth and 13 head of cattle were paid as compensation, leaving a balance of 24. Since the parties were married for six to seven years, Nyamhanga should only return 14 head of cattle.
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