For other areas where the giving or the refund of bride wealth is practiced, it is my view, that all other requirements being satisfied, that customary law aspect can also be taken judicial notice of under s.56 (b) of the Evidence Act which talks of, inter alia,……….. “laws”. The insertion of the word “laws” in that subsection was not in vain. It intended to cover other law which was not covered by s.56 (a). Therefore, while s.56(a) deals solely with the written law of this country, s.56 (b) deals with both the unwritten, e.g. the common law and Customary Law and to some extent with that part of the written law relating to Orders In Council, Statutory Instruments or Subsidiary Legislation now or heretofore in force or hereafter to be in force. A positive interpretation and understanding of this section by courts in Uganda is called for so as to embrace African Customary Law in it. Further, bride wealth has been the subject of numerous judicial decisions in all regions of Uganda as exemplified by the following cases; Nemezio Ayiiya Pet Vs Sabina Onzia Ayiiya Divorce Petition No. 8 of 1973on marriage under Lugbara Customary Law where the courts’ holding was to the effect that before all dowry is paid, a man and a woman cohabiting can be regarded as husband and wife but marriage is not valid until the all dowry is paid. See alsoWongo Vs Dominiko Manano (supra), Florence Kentungo VS Yolamu Katuramu Civil Suit No. MFP 6 of 1991 where A Mukanza J.held:“There was credible evidence that dowry was paid. The plaintiff was therefore the widow of the deceased, their marriage was found to be valid because of bride wealth having been given.” InPeteconia Mpirirwe Vs Oliver Ninsabimaana Hccs No. Mka 5 of 1990 (arising from Administration Cause No. MKA/4/8/89 at Kabale. Tsekoko J. (as he then was) had this to say: “After considering all the evidence adduced by both parties on issue 1 and 2 and having considered the submissions of both defence and plaintiff’s counsel and the three cases I have cited above, I find as a fact that even if it is accepted that the deceased had paid Shs. 100,000/= as fine to the parents of the defendant, there was no valid marriage between the defendant and the deceased as recognized by Bakiga customs.” In Aggrey Owori Vs Rosette Tagire HCCS 178/2000the court held that the view of courts of Uganda is that no customary marriage is valid unless dowry, if demanded, is paid. On the strength of what I have shown so far under the Evidence Act, Subsidiary Legislation and judicial decisions, I am of the view that bride wealth as practiced by different nationalities in 40

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents