Declarations. In the result, I would dismiss the petition and make the following declarations: 1. That the custom of giving bride wealth as a requirement for the recognition as valid customary marriage and of demanding a refund of the bride wealth as a requirement for the recognition as valid dissolution of a customary marriage is not, per-se, unconstitutional in as much any acts or omissions that may be done in the purported exercise of the custom if found to be an infringement of or a threat to the enjoyment by an person of other constitutionally guaranteed rights and freedoms may be dealt with under Articles 43 and 50 of the Constitution and in as much as there are other laws of the land which can be resorted to contain any crimes that may be committed by any person in the purported exercise of the constitutionally protected custom of giving and demanding a refund of bride wealth and in as much as any excesses in the enjoyment of the custom can be legislatively contained. 2. There will be no orders as to costs. Dated at Kampala this…26th …..day of …March….2010 …………………………………… S.B.K.KAVUMA JUSTICE OF APPEAL JUDGMENT OF TWINOMUJUNI, JA: (Dissenting) I have the honour of reading the judgment, in draft, of the Honourable Deputy Chief Justice. I wish to adopt her statement of the background to this petition, the statement of the facts, the issues and arguments of counsel on both sides of this legal contest. I shall therefore not repeat them in this judgment. I shall deal with the issues which were agreed upon at the scheduling conference and before us at the hearing of the petition. Those issues are:(a) Whether the demand for payment of bride price fetters the free consent of persons intending to marry provided in article 31(3) of the Constitution. 55