but it comes much nearer to the idea than that of “marriage” as
generally understood among civilized people.”
This was a complete misconception of bride price and its role in African culture and Customary
Law in the area of customary marriages.
In Kiganda culture the word “omutwalo” when used in relation to marriage means bride
wealth. The Luganda Dictionary “Enkuluze y’Oluganda eye’Makerere at page 811 defines the
word “Omutwalo” thus:“ebintu ebisalirwa omusajja byateekwa okuwaayo eli abazadde
b’omuwala nga tannaba kumuwebwa mubutongole”translated to mean
the things demanded from a man which he has to give to the parents of a
girl before he is allowed to officially given the girl’s hand in marriage.
In Ateso bride wealth is referred to as “akituk nu emanyit” meaning “cows for purposes of the
marriage ceremony”. The expression derives from the individual words “akituk” “meaning
cattle or cows,” “nu” meaning “for purposes of,” and “emanyit” meaning “the marriage
ceremony”, See the Ateso-English English for International learners by Apuda Ignatius Loyola
at pages 192, 415, and 344.
In Lugbara bride wealth is called “Aje.”
I have not talked of ‘emihingiro’ which, as my brother A. Twinomujuni JA has ably and clearly
shown in his judgment means dowry’ and not ‘bride price’ in the Kinyankole culture which
appears to distinguish between bride wealth and dowry.
All that said however, once the attributes I mentioned above are present in a customary marriage
arrangement, that marriage, in my opinion, is based on the custom of giving bride wealth. I have
shown that it is notoriously known that the practice of giving bride wealth is universally
practiced in Uganda. I accordingly find that this court can safely make a uniform interpretation
of the custom to apply throughout Uganda. I therefore find in the affirmative on this issue.
Issue (d).
The gist of this issue is the meaning of the words ‘Okujuga’ and ‘Okuzimura’ and whether they
mean giving and refund of bride wealth respectively in Ankole.
I take the use of the word Ankole here to refer to Kinyankole culture.
“Okuzimura” in the “Kashoboolozi” y’Orunyankole-Rukiga” the (Runyankole Rukiga
Dictionary) is defined as “Okugarurira omukwe enjugano, omukazi yaaba amushenzire”
loosely translated, to return to one’s son-in-law the bride wealth given for his wife, when he
(son-in-law) divorces their daughter.
45
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