(b) Whether bride price perpetuates conditions of inequality contrary to article 21(1) and
(2) of the Constitution.
(c) Whether refund of bride price as a condition precedent to dissolution of a customary
marriage fetters the free consent of persons in a marriage provided for in article 31(3) of
the Constitution.
Before I embark on the exercise of consideration of the above issues, it is necessary to give my
own understanding of some terms used in this judgment in order to minimize confusion.
Bride Price:
The common understanding of the word “bride” is a woman about to be married, just married or
recently married.
The word price also means:“an amount of money for which a thing can be offered, sold or bought.”
See Longmans Dictionary of Contemporary English and Oxford English Learners Dictionary.
Dowry:
The two dictionaries define this word to mean:“property or money brought by a BRIDE to her husband when they marry”
Or
“the property and money that a woman brings to her husband in marriage.”
From these definitions, it can be concluded that bride price is the money or property that a man
has to pay in order to get bride. In most African customary marriages, a man must pay money or
animals (cows, pigs, goats etc) specified and demanded by the parents or relatives of the bride
and are paid by the bridegroom or his parents or relatives. In many such marriages, bride price
must be paid before a customary marriage can be recognised to have taken place. This must be
distinguished from what the Banyankole of Western Uganda call “Emihingiro” which in English
means marriage gifts. These are gifts given by the parents and relatives to the bride to assist her
and her husband start life in their new enterprise. In this same language, bride price is called
“Enjugano”.
I have carefully perused all the affidavits in support of this petition and those in support of the
opposition to the petition. I have also read a good amount of literature about marriage practices
in most African countries. I do understand that this petition is about bride price as defined in this
judgment or “Enjugano’ as the Banyankole call it. Incidentally my own tribe, the Bakiga of
Kigezi, who are very close neighbours and share a similar language with Banyankole, call bride
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