ethnic groups of the cherished feeling of their identity, dignity and self-worth. These customs
are value systems which only a particular tribe best knows. I think, therefore, that they ought
to be allowed to keep what they treasure.
This is not to say, however, that courts should not eliminate those customs that are proved to
be obnoxious, offensive and unconstitutional.
The petitioners could in the mean time avail themselves of redress under the Penal Code Act or
any other relevant law.
I must say not the slightest attempt was made to prove any of the allegations made.
I think this sufficiently takes care of what I have to say about this petition which I dismiss
forthwith.
Orders as to costs were not sought and I would make none.
Hon. Justice A. E. N. Mpagi-Bahigeine
JUSTICE OF COURT OF APPEAL
JUDGMENT OF BYAMUGISHA, JA.
The petitioners filed the instant petition challenging the constitutionality of the practice and
custom of demanding and payment of bride price as a condition sine qua non of a valid
customary marriage. They are also challenging the constitutionality of the practice and custom of
the refund of bride price as a condition for the dissolution of a customary marriage. They allege
that the said acts contravene Article 31(3) of the Constitution which provides that marriage shall
be entered into with the free consent of the man and woman intending to marry and the demand
of bride price makes the consent of the persons who intend to marry contingent upon the
demands of a third party.
The petitioners further claimed that the payment of bride price by men for their wives as
demanded by custom of several tribes in Uganda leads men to treat their wives as mere
possessions or chattels from whom maximum obedience is extracted and this creates conditions
of inequality in the home between men and women which is prohibited by Article 21(1) (2) of
the Constitution.
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