Held paragraph 52b of the restated customary law g n

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Held: Paragraph 52(b) of the restated Customary Law, G. N. No. 279 of 1963, provides, “In cases in which no grounds of divorce are offered by any of
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the two parties…. (i)f a woman has a premature birth and the existence of a foe- tus is proved by a female relative of the husband, the wife is considered as hav- ing has a child.” It further provides that if children have been born, no bride wealth shall be returned to the husband. Therefore, appellant is not entitled to the return of any part of the bride wealth. The Court stated, obiter; Even had no children been born, appellant would not have been entitled to the return of any substantial part of the bride wealth be- cause he had caused his wife to leave by failing to support her. 123. Wandwi s/o Chacha v. Nyanganane Makere, (PC) Civ. App. 223-M-67, 21/1/68, Mustafa J. Plaintiff and defendant were living in concubinage, jointly cultivating shambas and raising cattle and sheep. Apparently, plaintiff, the man, had originally fol- lowed defendant to her holding to live. [When defendant drove plaintiff away, he sued her, in [these Primary Court in North Mara District, for a number of the cat- tle and sheep, some wheat, and a cassava shamba. Held: (1) Under section 96 of the Law of Persons, Government Notice No. 279 of 1963, a man who follows a woman to her holding to live in concubinage is entitled to “a quarter of all properly which has been obtained with his help, apart from his individual properties ….. “ (2) As only the animals were clearly obtained by defendant “with his help”, plaintiff is entitled to one-fourth of the monetary val- ue of the animals. 124. Josephat Kabiyengo v. Laurian Kyoba , (PC) Civ. App. 43-M-67, 16/1/68, Mustafa J. Plaintiff sued to recover a clan shamba sold by the second defendant to the first defendant without clan consent. The Primary Court conditioned its order for re- demption on payment by plaintiff to the first defendant of Shs. 600/-, purchase money. On appeal. The District Court in Bokoba took further evidence, visiting the shamba, and allowed the first defendant Shs. 2,000/- the value of coffee and banana trees he had planted on the shamba. This allowance was based on the
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finding that plaintiff had known of the sale for a considerable time, and had waited until the shamba had been improved before filing his action. Plaintiff was allowed two months from the date of the District Court judgment to redeem the shamba. Held: “(T)he district magistrate was right to add on to the purchases price the value of the improvements … See section 564, Cory & Hartnoll at page 139. I cannot say that shs. 2,000/- for two acres of coffee trees and banana plants is excessive.” Time for redemption was extended by approximately 11 months, fail- ing which the shamba would be the property of first defendant. Plaintiff’s appeal dismissed.
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  • Fall '17
  • Dean Majamba

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