Manyoni Witare v. Palapala Kakoro, (LC) Civ. App. 80-D-65; 18/4/67; Saidi, J.

Manyoni Witare v. Palapala Kakoro, (LC) Civ. App. 80-D-65; 18/4/67; Saidi, J.

Plaintiff ’s uncle married defendant’s sister, paying seven cattle and ten goats in bride price. Plaintiff inherited the wife after his uncle died, and they lived together for some years, until she deserted him. She was at the time of plaintiff’s action to recover the bride price, “old” and with-out “good prospects of getting married to another man who would pay bride price to (the defendant)”.

            Held: (1) Plaintiff may bring the claim for bride price for desertion, just as his uncle could have, had he lived and been deserted. (2) Because the wife’s prospects of marriage are poor, and the bride price claimed by plaintiff not likely to recouped by defendant by her subsequent marriage the bride price refundable to plaintiff is properly reduced by half, under clause 52A of the Local Customary Laws (Declaration) Order 1963, Cap. 333.