After breakdown of a marriage contracted under customary law
the brother of the divorced husband, the Appellant, sued for return of
bride-price. The Respondent did not dispute about the marriage, the bride-price
and the divorce. He only disputed that it was the Appellant who was entitled to
claim the refund of bride-price. He maintained that the divorced husband Mussa
Makocho was the one who was entitled to claim the refund of bride-price.