Wakilii

Leseret v Ibrahim (C.C. 42-1929 (Eldoret).)

East African Court of Appeal · [1929] EACA 50 · 1929 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for custody of children and cattle under Masai customary law
Decision
Plaintiff awarded custody of the children and cattle

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Under Masai customary law, the plaintiff as brother of the deceased Kemilil was entitled to custody of both the children and cattle of the deceased. The court applied Masai custom despite the children being raised as Mohammedans, holding that the brother's customary entitlement prevailed over the defendant's claim based on alleged instructions from the deceased's son.

Outcome

Plaintiff awarded custody of the children and cattle

Facts

The plaintiff, a Masai, sought custody of seven children and cattle from the defendant, a Nubian who was the widow of the plaintiff's deceased brother Kemilil. Kemilil died in a raid before the days of Government, leaving a son Ndewa and other children. The widow bore three additional children after Kemilil's death. Ndewa later died leaving two infant children. The defendant claimed Ndewa placed the cattle and children in his care for Ndewa's brother and son, stating Ndewa had no other living relatives. The plaintiff produced witnesses who testified to the raid with Kemilil. The defendant called Ndewa's mother who contradicted the plaintiff's account, denying Kemilil was her husband or a Masai. The court found the mother was not telling the truth. The children were being raised as Mohammedans.

Issues

  1. Whether according to Masai custom the plaintiff as brother of the deceased is entitled to custody of the deceased's children and cattle.

Orders

  • Judgment for the plaintiff for the custody of sixty-five head of cattle.
  • Judgment for the plaintiff for the custody of the seven children.
  • No order as to costs.

Rules and key headnotes

Customary Law — Masai Custom — Custody of Children and Property
According to Masai custom, the brother of a deceased person is entitled to custody of the deceased's children and cattle.
Customary Law — Application — Religious Upbringing of Children
Where children are being raised in a religion different from their customary background, the court may still apply native custom to determine custody, though the question of whether native custom should be followed in such circumstances requires consideration.

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Leseret v Ibrahim (C.C. 42-1929 (Eldoret).) [1929] EACA 50 (1 January 1929)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.