E-Book Overview
First published in 1945, this study covers a wide range of topics including marriage, divorce, bride-price, inheritance, property, personal status and contracts as well as some notes on the customary courts and the way they functioned during the period of British administration
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CASS LIBRARY OF AFRICAN STUDIES LIBRARY OF AFRICAN LAW No. 7 General Editors: NEVILLE RUBIN and EUGENE COTRAN School of Oriental and African Studies, London CUSTOMARY LAW OF THE HAYA TRIBE CUSTOMARY LAW OF THE HAYA TRIBE TANGANYIKA TERRITORY By Hans Cory & M.M.Hartnoll FRANK CASS & CO. LTD. 1971 Published by FRANK CASS AND COMPANY LIMITED 67 Great Russell Street, London WCIB 3BT by arrangement with the International African Institute All rights reserved The first publication of this study originally received a grant from the then Tanganyika Government and appeared in a limited edition of 300 copies. First published for the International African Institute by Percy Lund, Humphries & Co. Ltd. This edition published in the Taylor & Francis e-Library, 2005. “To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk.” First edition 1945 Second impression 1971 ISBN 0-203-98824-8 Master e-book ISBN ISBN 0 7146 2476 4 (Print Edition) CONTENTS Page INTRODUCTION xiii INHERITANCE THE HEIRS 3 HEIRS OF WOMEN 9 RIGHT OF BAKAMA TO CHANGE HEIRS 11 WILLS 13 Form of Will 13 Nomination of heir 13 Witnesses 14 Disinheritance 16 Revocation of Will 17 Lost Will 18 Deposit of Testament 18 Registration of Testament 18 Wishes and Legacies 18 Female Testators 18 OBUCHWEKE 19 DIVISION OF PROPERTY 22 Land 22 Crops 24 Livestock 24 v Money 24 Coffee in Store 25 Tools 25 Cloth 25 Sonless Widows 25 Assets and Liabilities 26 GIFTS 29 STATUS OF CHILDREN 31 Legitimate Children 31 Step-children 31 Children of unmarried Widows 29 Children of re-married Widows 32 Illegitimate Children 32 Adopted Sons 34 Mwana wa kizarwa 34 Mwana wa Bisisi 34 Twins 38 ADMINISTRATOR 41 Appointment of Administrator 39 Duties of Administrator 39 Rights of Administrator 42 EXECUTOR 45 GUARDIANSHIP 47 Heirs under age 45 Absent Heir 50 Female Dependents 52 MAINTENANCE OF DEPENDENTS 57 vi BRIDEPRICE 59 METHODS OF PAYMENT 61 Paid in full before Marriage 61 Paid in Instalments during married life 61 Paid in Instalments before Marriage 62 Nominal Brideprice 65 RECEIVING THE BRIDEPRICE 65 DISTRIBUTION OF BRIDEPRICE 67 REIMBURSEMENT OF BRIDEPRICE 71 Rules relating to Reimbursement 69 Repayment of Brideprice in excess of Legal Amount 72 Refusal to receive Repayment of Brideprice 73 Time Limit for Actions in Court 75 BRIDEPRICE PAID IN CATTLE 75 Distributio