price “Enjugano.” Similarly, the word dowry means, in Runyankole-Rukiga, “Emihingiro” the property that the bride comes with when she joins her husband in marriage. It is my considered view that this petition is challenging the constitutionality of our traditional marriage practice of paying bride price or “Enjugano” as the Banyankole-Bakiga call it. It is not about dowry or “Emihingiro”. The difference must be clearly borne in mind in order to deal with the issues at hand with a clear mind. So, what type or marriages are we talking about? What type of practices are we dealing with? What are the elements of the traditional practices which are being challenged in this petition? I venture to say that they are those with the following three elements or characteristics:(a) The parents of a bride demand payment of bride price (as defined supra) before a legal marriage can take place. (b) The payment of bride price is made by the bridegroom or his parents/relatives to the parents or relatives of the bride. The payment is never made to the bride herself and more often than not, she is not consulted as to how much her future husband should pay for her. (c) Whenever the marriage breaks down which results into a divorce, the bride price which was paid must be refunded to the bride groom (more often, irrespective of which of the spouses was at fault or how long the marriage has subsisted). Now, for learned counsel Kenneth Kakuru and his friends who claim that there is no payment of bride price among Banyankole, if their customary marriage practices do not have the above three characteristics named above, then they can rest assured that their customary marriage practices are not being challenged in this petition. I say this with tongue in cheek because I am very conversant with the tradition customary marriage practices of the Banyankole which are very similar to those of my own Bakiga traditionalists. DETERMINATION OF ISSUES I have, in the foregoing section of this judgment endeavoured to explain the difference between bride price [Enjugano] and dowry [Emihingiro]. The bride price in issue has three elements or characteristics, namely:(a) Parents or relatives of the bride demand and get paid money or property as a condition precedent before giving her to a bridegroom in marriage. (b) The payments only move from the side of the groom to the parents of the bride and never the other way round. The bride has no share in it. (c) When the marriage breaks down and is dissolved, bride price has to be refunded on demand. 57