the forms recognized by the people of Uganda, including marriages according to the custom of the people. It would be a judicial retrogression if court was to resurrect Amkeyo (supra) as a binding legal authority in our law or to allow it ghost to rule over the people from the eternal resting place of the dead. I find in the negative to this issue. Issue (k). The complaint in issue (k) is whether the demand of a refund of bride wealth as a condition precedent to a valid dissolution of a customary marriage does not take into account the contribution of the woman in the home contrary to Article 33 (4) of the Constitution. Article 33 (4)provides:“Women shall have the right to equal treatment with men and that right shall include equal opportunities in political, economic and social activities.” In all the affidavit evidence on record, there is nowhere, where it is indicated that where a refund of the bride price is demanded, the dissolution of the marriage process takes into account the contribution of the woman in the home. Clearly that is an act or omission which infringes or threatens the wife’s fundamental rights or freedom guaranteed under the Constitution. Competent courts should, therefore be moved for appropriate redress whenever the act or omission occurs. Additionally, the act or omission is also in my view, un acceptable as it clearly offends against Article 31 (1) which provides:“A man and a woman are entitled to marry only if they are each of the age of eighteen years and above and are entitled at that age – (a) ……………………. (b) to equal rights at and in marriage, during marriage and at its dissolution.” See also this court’s judgment in Civil Appeal No. 30 of 2007 Julius Rwabinumi Vs Hope Bahimbisokwe Rwabinumi. While I condemn such acts and omissions referred to above, that does not render the custom perse unconstitutional. The unconstitutional acts or omissions can be adequately contained under the Constitution without destroying a constitutionally guaranteed and protect custom. This, in my view, is a good example of where the good in the custom should be retained while the offending acts and omissions are discarded. Condemning the entire custom would be equivalent to throwing the baby with the bath water. 52