National Traditional Appeal Court - 1977

2 judgments

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2 judgments
Citation
Judgment date
April 1977
Traditional Court quashes divorce where reconciliation was not attempted, grounds were unproven, and customary link between dowry and custody was ignored.
Traditional Courts — Divorce practice — parties ordinarily sent home to reconcile before dissolution; insufficient evidence — allegations of secret medicine visit and unexplained injury rejected; customary rule — dowry and custody linked and should not be split; quashing of wrongful divorce decree.
21 April 1977
Appeal allowed; maintenance order found satisfied and determined; child remains the appellant's responsibility.
Customary law — dissolution of marriage for desertion — ritual observance and customary 'fisi' practice — maintenance payments — overpayment determines order.
21 April 1977