The other part of this issue questions whether a man is not a husband before giving of bride wealth. I think this is a question which depends on each community which practices the custom of giving of bride wealth. In Kiganda culture, the parents may decide to ask for no “mutwalo” (bride wealth) at all, but the son in law who marries the bride is a husband. In some other cultures, before bride wealth is given a man is not a husband. See Florence Kentungo Vs Yolamu Katutanu Civil Suit No. 6 of 1991 MFP. I take the view, however that the question in this part of the issue is being raised in the context of refusal of burial to a woman’s body till payment of bride price is effected by the deceased’s ‘husband’. For reasons I have given in the first part of the issue I find the practice an infringent of and a threat to rights and freedoms of others. I, therefore, find in the affirmative on this issue. Issue (n). The gist in this issue is whether the custom of demand for the refund of bride wealth stifles the consent of the parties to the marriage to dissolve the same contrary to Art. 33 (3) of the Constitution. The custom of giving and demanding a refund of bride wealth is one of customary laws governing customary marriages. Under it many acts or omissions may be done or omitted to be done. One of such acts could be the forcing of a party to remain in a customary marriage relationship that party no longer desires to be party to. Any act or omission which results into such a situation would be an infringent of the concerned party’s right and freedom to enjoy a customary marriage through his or her free will and consent. The party then would be entitled to move a competent court to seek redress. This is because the custom of demanding a refund of bride wealth does, in many cases, have positive aims and results. Those should not be sacrificed at the altar of the negative acts or omissions. Society should have the liberty to enjoy the good of the custom while discarding the bad acts and omissions resulting from negative exercise of a constitutionally guaranteed custom. Again, the baby should never be thrown with the bath water. It is also worth noting that not all dissolutions of customary marriages call for mandatory refund of the bride wealth. The issue recognizes this from the way is framed. In the Kiganda culture, for instance, no such refund of bride price is demanded or even expected. Current developments also indicate that the concerned parties may decide not to press for a refund of the bride price even in cultures which are more strict than others on the matter of refund of bride wealth. In Emmy Ndyamureeba Vs Eva Namanya HCDEC No.001 of 2006, the voluntary forfeiture of refund of bride price was recognized. I find this development commendable as one of the ways of minimizing the problems encountered by customary married couples at the dissolution of their marriages, I therefore find that the custom of demand of refund of bride wealth is not per-se, unconstitutional. I therefore, find in the negative to this issue. 54