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
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