Nyamukanga v. Rusamwa (PC) Civ. App. 124-M-70; 4/1/71 Mnzavas Ag. J.

 

Nyamukanga v. Rusamwa (PC) Civ. App. 124-M-70; 4/1/71   Mnzavas Ag. J.

            The appellant was already married to four wives when she married the respondent as a fifth wife. The marriage was challenged by the other four wives as being irregular and invalid under Islamic law. Whereupon the appellant returned the respondent to her parents until solution of the matter with the other wives. While with her parents, the respondent had a baby which the appellant did not       father. Both parties being Moslems, the issue was whether the respondent was under Islamic law entitled to maintenance while she was living with her parents. The primary court found that since the parties were not validly married, maintenance could not be ordered. The District Court reversed.

                        Held:  (1) “Paragraph 24 – KITABU CHA NIKAHI BY   SHEIKH ALI HEMEDI EL BUHRIY is to the effect that if a Moslem marries five wives all in one day, the marriages are invalid in respect of all five wives. But that if he marries five wives one after another, the first four marriages will be valid but the fifth marriage would be invalid in every respect.”  (2) “Here the respondent was married to the appellant when the appellant was already married to four wives under Islamic Law. Her marriage to the appellant was the fifth marriage while the four marriages were still subsisting and as such the marriage between them was under Islamic Law invalid in every respect.”  Appellant cannot therefore be asked to pay maintenance as claimed.  (3) Appeal allowed.