Wednesday, November 28, 2012

SHOMARI KITIMU v. KAMBI SELEMANI (1967) HCD 170


(PC) Civ. App. 1-D-66; 23/5/67; 

Saidi J.
Plaintiff brought this action against his father –in-law in connection with his marriage to defendant’s daughter. Plaintiff had obtained a divorce in  1964 but sometime later recalled his wife. She refused to return. The trial court ordered defendant to order his daughter to return to plaintiff. Plaintiff had previously brought three other actions in connection with these same matters.

HELD:
 (1) Under Islamic Law, the recall had to be made within three months. 

(2) The evidence presented at this trial and three previous trials fails to support plaintiff’s claim that he recalled his former wife within three months of the divorce. Defendant’s appeal was allowed.
            The Court stated, obiter: “I do not think that it is a good policy for a court of law to order either spouse to return to the other against his or her will.”

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