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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