Dowry cows returned skinny
Three months ago, I got engaged to a beautiful woman with a very high bride price. I offered her family 10 fat, healthy cows as the bride price. Unfortunately, the engagement was called off after she found a fellow who was wealthier than I am. Her family has returned the cows, as is customary among our people. However, here is the issue: the cows are now so thin they look as though they survived a drought! Those people neglected the cows, and they now resemble walking skeletons. I believe I should be compensated for the lost value or weight, but the family insists they have fulfilled their obligation by returning the cows. Do I have a case? Please advise me.
JM, Shinyanga
We are sorry to hear of these unfortunate events. We believe this dispute concerns the return of dowry under customary practices. The Law of Marriage Act Cap.29 [R.E 2019], which governs marriages in Tanzania, allows customary law to be applied in matters of marriage where appropriate. Further, customary law is formally recognised as a source of law by the Judicature and Application of Laws Act, Cap. 358 [R.E 2019] (JALA). According to section 11 of the JALA, customary laws may only be applied by Courts in matters of a civil nature and with respect to cases (a) between members of a community in which rules of customary law relevant to the matter are established and accepted, or (b) between a member of one community and a member of another community if the rules of customary law of both communities make similar provision for the matter. If customary law is applied, the Court concerned is required to apply the customary law prevailing within the area of the local jurisdiction of the Court, or if there is more than one such law, the Court is required to apply the customary law applicable in the area in which the act, transaction or matter occurred or arose.
Our review of customary law has found that fairness is the guiding principle in dowry/bride price issues. While you have not told us what tribe you are, we have learned that most customs dictate that the returned bride price, be it a cow or cash, must be in the same condition it was in when handed over. If you can prove that your cows were fat and now were turned into walking skeletons due to neglect, you could have a strong claim for compensation. In these kinds of cases, evidence is key. Did you document the cows’ condition when you handed them over? Can a witness testify on the cows’ condition at the time of exchange? If not, it is your word against theirs. You may start addressing this matter through your community elders. If you choose to take this matter to Court, remember that Courts often rely on the testimony of community elders or witnesses familiar with the situation. For more guidance, consult your lawyer.
