Court orders woman to refund Sh200k dowry to former husband
An appeal court sitting in Kisumu has ordered an estranged wife to refund dowry to her former husband.
The estranged husband, will now be smiling all the way to the bank after a court of appeal seating in Kisumu upheld a Kisii High Court ruling that he be refunded dowry paid to the woman’s family.
The 45-year-old high school teacher moved to court seeking compensation after his 43 year-old wife eloped and got “married” to another man.
He had paid for her college fee and even dowry and had stayed with the wife for 5 years before she walked out of their marriage with two children.
The court dismissed a case challenging a ruling which granted James Mayaka, a secondary school teacher, a divorce and also ordered that the wife partially refund the dowry he had paid for her as well as college fees.
DEVOID OF MERIT
In their ruling, a three appellate judge bench that comprised of lady justice Wanjiru Karanja, Festus Azangalala and S. Gatembu Kairu, ruled that the application was devoid of merit.
In a judgment delivered on February 17, 2015, by Judge Chrispin Nangila on behalf of Judge Ruth Sitati, of the Kisii High Court the court decreed that the marriage between James Mayaka and Ms Everline Kerubo, be dissolved as a result of a divorce suit that had been filed by Mayaka.
In the divorce suit, Mayaka, through his lawyers, Sagwe and Co. Advocates, said his wife, whom he married in 2004, left him for another man in 2009, five years into their marriage.
“She left our matrimonial home barely 5 years after we exchanged vows, we had not had any issues by then that would have made her leave, she just left freely,” said Mayaka, a high school teacher.
Mayaka wanted the court to order Kerubo to pay back the 209,000 shillings he paid for her in college fees and another 120,000 shillings he paid as dowry.
HALF FOR EACH CATEGORY
The court however, ordered Kerubo to refund half the amount for each category; Sh104,500 for college fees and Sh60,000 for dowry totaling to 164,500 shillings.
However, the figure rose to Sh205, 000 after interest was factored in.
In an interview, Mayaka said he is now a happy man and that justice has been done.
“Huwezi lisha Ng’ombe mwenginne akamue? ” (You can’t feed your cow for someone to milk) ,Mayaka posed.
He said he intends to invest the refund wisely after engaging financial experts.
Asked whether he could forgive his estranged wife, Mayaka said as a person he can forgive as the bible says, but he cannot allow her back to their matrimonial home since he feels betrayed.
He said he is yet to decide whether to re-marry but wants to take time.
Mayaka added his estranged wife got married to a witchdoctor who is a polygamist with nine wives and stays in Kisii county.
He maintained that her departure has made him more comfortable.
He advices other men to take time to know the type of woman before investing in her.