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Naisikie s/o Lolemore v. Mbaya s/o Ikayo, (PC) Civ. App. 166-D-65; 23/5/57; Saidi, J.



Naisikie s/o Lolemore v. Mbaya s/o Ikayo, (PC) Civ. App. 166-D-65; 23/5/57; Saidi, J.

Mbarukuyu, the widow was originally married to defendant’s brother to whom she bore three children. She left her husband who thereafter died. After his death, she married plaintiff, who paid the normal bride price to her father, but she soon left him. She had two more children, the paternity of whom is uncertain. Plaintiff sued for the custody of Mbarakuyu and the five children.

            Held: (1) The marriage to defendant’s brother was still in still existence at the time Mbarakuyu married plaintiff; the bride price to her first husband had not yet been repaid. (2)Under Masai custom, children born of a married woman in such circumstances belong to the husband whose marriage has not been children, who together with their mother were living with defendant, plaintiff’s appeal was dismissed.

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