I have already given the meaning of the word ‘okujuga’ above.
From the above, I find that the words ‘Okujuga’ and ‘Okuzimura’ in Kinyankole culture mean
the giving and the refunding of bride wealth respectively. I therefore find in the affirmative on
this issue.
Issue (e).
The question in this issue is whether bride price is not commonly practiced by all tribes in
Uganda.
Longman’s Dictionary of contemporary English defines commonly as “usually; generally;
ordinarily.”
Black’s Law Dictionary 6th Edition defines
Common when used as an adjective as:– belonging or pertaining to many or to the
majority. Generally or prevalent, of frequent or ordinary occurrence or appearance, familiar
by reason of frequency…………”
I find the above dictionary definitions of ‘common’ clear enough to support the view, which
view I hold, that bride price is commonly practiced by all nationalities in Uganda. The affidavit
evidence on record together with the numerous judicial decisions, many of which are cited in this
judgment on the subject, support the same view. My own knowledge of the matter is no
different. The common attributes of bride wealth stated above generally cut across all Ugandan
nationalities. I therefore, find in the negative on this issue.
Issue (f).
The gist in this issue is whether the giving of bride wealth by the groom’s family to the bride’s
family promotes inequality in marriage contrary to Articles 21 (1), (2), and (3) of the
Constitution.
I wish to state, right at the outset that for this issue and for issues(g) (h), (j), (k), (l) and (n), the
principle of constitutional interpretation of harmony outlined above is, among others, most
relevant. The court therefore has a duty to harmonize the various constitutional provisions
concerned without destroying any of them.
Article 21of the Constitution provides:“21 Equality and freedom from discrimination.
(1)
All persons are equal before and under the law in
all spheres of political, economic, social and cultural life and
in every other respect and shall enjoy equal protection of the
law.
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