Omari s/o Kanyonge v. Oure Oruchi (PC) Civ. App. 128-M-68, 23/7/68, Seaton J.

Omari s/o Kanyonge v. Oure Oruchi (PC) Civ. App. 128-M-68, 23/7/68, Seaton J.

Respondent sued appellant in the primary court for Shs. 600/- compensation for adultery. Appellant claimed in defence that he was married to the woman, and produced evidence that he had paid the bride-wealth, with the result that respondent’s claim failed. On appeal to the district court, the claim succeeded, mainly on the evidence of the woman involved who testified that she was married to respondent, and never to appellant and that her father forced her to stay with appellant because he had promised to pay more cattle.

            Held: (1) Since the parties are Luo and resident within the jurisdiction of the North Mara District Council, the Luo law of persons were to be construed strictly, there could be  no customary marriage without a marriage certificate. However a footnote to the chapter states that it is not intended to abolish any custom of contracting marriage. There is sufficient evidence that appellant was married to the woman by Luo Custom. Therefore no question of compensation arises. Appeal allowed.