Luth d/o Nkotwa v. Neva s/o Mwandumbya, (PC) Civ. App. 60-D-66; 7/6/67; Duff, J
Plaintiff’s husband died in 1955, and she was inherited by the defendant in the same year, consenting to be his wife. They were divorced in 1966, at the instance of the defendant. Plaintiff brought an action to recover property which she claimed constituted her late husband’s estate.
Held: The District Magistrate, having considered the Local Customary Law (Declaration) Orders 1963, Government Notices 279 and 436 of 1963, and acting on the recommendation of two assessors, correctly held that the defendant was the late husband’s lawful heir, and that the wife was entitled only to maintenance and to retain possession of her private property. The customary law involved was not specified by the High Court.
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