(c)
it is given to the parents/relatives of the bride as a pre-condition to the
validity of such marriage
(d)
it may be demanded and refunded as a pre-condition to the validation of
a dissolution of a customary marriage.
It was vehemently argued by the second respondent that in the Kinyankole culture there is no
English word equivalent to what could be termed bride price. He particularly pointed out the
word “Okujuga’ as an example. My own knowledge backed by research and books of high
repute in the Kinyankole language, notably the “Kashobolozi” y’O runyankole-Rukiga” the
(Runyankole Rukiga dictionary) show that bride price is accurately defined by the word
“Enjugano” which, according to that dictionary at page 17 is defined as “Ebyobutungi ebi
omwojo arikutwara owa ishe omwishiki ahabwokushwera omuhara.” Loosely Translated in
English this means “the wealth/things of value which a boy takes to the father of a girl for
purposes of marrying that girl”
‘Okujuga’the word referred to by the 2nd respondent in his submission is defined by the same
dictionary at page 348 as:“Okuha ebintu nkente nari embuzi murikwebaza abeka y’omwishiki ou murikuza
kushwera”translated in English as:“Giving things like cows or goats to appreciate the family of a girl you intend to marry.”
I accept the above dictionary definitions of the two words ‘enjugano’ and ‘okujuga’ and the
meanings assigned to them. I, therefore, find that in the Kinyankole culture ‘enjugano’ is
equivalent to the English words bride wealth, erroneously termed bride price and ‘okujuga’
defines the act of giving the bride wealth to the parents/relatives of the bride.
I must add here however that in many African cultures the word bride wealth is often
interchangeably used with the word ‘dowry’ to mean the same thing. See Wongo Vs Dominiko
(supra), Aggrey Aworia Vs Rosette Tagire (supra) and Namezio Ayiiya Pet Vs Sabina
Onzia Ayiiya (Supra). See also the Runyankole Rukiga English Dictionary by C. Taylor as
revised by Y.Mpairwe, page 66 where it defines ‘enjugano’ as ‘dowry’.
I agree with the second respondent that the words bride price were coined by Europeans who
were ignorant of African cultures and customs. This fact is evidently brought out by the attitude
expressed by Hamiliton C.J. in R Vs Amkeyo EAPLR [1917-1918]4 when he stated in
apparent reference to bride wealth thus:“In my opinion the use of the word “Marriage” to describe the
relationship entered into by an African native with a woman of his
tribe according to tribal custom is a misnomer which has led in the
past to a considerable confusion of ideas. I know of no one word that
correctly describes it; “wife-purchase” is not altogether satisfactory,
44
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