[1929] EACA 50

[1929] EACA 50

The court found that, according to Masai custom, the plaintiff as brother of the deceased is entitled to the custody of both the children and the cattle. The court rejected the defendant's evidence as untruthful and gave weight to the testimony of the plaintiff and his witnesses regarding the familial relationship and the customary entitlement. Although the children were being raised as Mohammedans, the court determined that native custom should be followed in this case. Judgment was therefore entered for the plaintiff for custody of the children and the cattle, with no order as to costs.

Citation
[1929] EACA 50
Parties
Plaintiff: Ngeso Arap Leseret; Defendant: Ibrahim
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1929
Case Number
C.C. 42/1929 (Eldoret).
Procedural Posture
Civil Suit / Judgment
Outcome
judgment for the plaintiff
Judges
Barth, C.J (Kenya)
Legal Topics
Customary Law, Custody of Children, Inheritance of Property, Masai Custom
Source Language
English
Family and Children Land and Property Customary Law Custody of Children Inheritance of Property Masai Custom

Case Brief

Summary, issues, holding and outcome

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Parties

Ngeso Arap Leseret

Plaintiff

Ibrahim

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether under Masai custom the brother of a deceased is entitled to custody of the deceased's children and property.
  2. 2 Whether native custom should prevail where the children are being raised in a different religious tradition.

Ratio Decidendi

The court found that, according to Masai custom, the plaintiff as brother of the deceased is entitled to the custody of both the children and the cattle. The court rejected the defendant's evidence as untruthful and gave weight to the testimony of the plaintiff and his witnesses regarding the familial relationship and the customary entitlement. Although the children were being raised as Mohammedans, the court determined that native custom should be followed in this case. Judgment was therefore entered for the plaintiff for custody of the children and the cattle, with no order as to costs.

Court Disposition

judgment for the plaintiff

Orders

  • Plaintiff awarded custody of the children.
  • Plaintiff awarded custody of the cattle, stated to be sixty-five head.