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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
E-Book Content
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