Repugnance to justice and morality, Business Law and Ethics

Assignment Help:

Repugnance to Justice and Morality

However the customary law will be applied only whether it is not repugnant to justice and morality.Even though the Act needs the phrase "and" in relation to "justice and morality" well it appears that "or", rather than "and", was intended.As there in MARIA GISESE ANGOI v MACELLA NYOMENDA when see Civil Appeal number 1 of year 1981 being the judgement of Aganyanya J. delivered at Kisii on date 24/5/1982 the High Court held that Kisii customary law that allows a widow who has no children or who only has female children to enter within an arrangement with a girl's parents and take the girl to be her wife and then to choose a man from amongst her late husband's clan who will be fathering children for her that is the widow, was repugnant to justice  its means it denied the alleged wife the opportunity of freely choosing her partner.

So here the Court refused to tagging on the custom and declared which there had been no marriage between the appellant and the respondent. Since a rule of customary law that might be declared to be repugnant to morality is the Masai custom which a husband returning home and finding an age-mate's spear stuck on the entrance to his hut, because of informing him such the owner of the spear is at the moment having an affair into his wife and he should not interrupt or conjugate.  Whether the husband cannot take divorce proceedings under Masai customs against his wife for adultery.  Thus in the event of such a declaration then a Masai man would be able to petition the court to divorce on the ground of the wife's adultery at common law.


Related Discussions:- Repugnance to justice and morality

Approval of the scheme - mergers and winding up, Approval of the scheme - m...

Approval of the scheme - mergers and winding up: A scheme of arrangement was agreed between Hambros and Hellenic whereby the shareholders of Hellenic were to have their shares

Unwritten sources , UNWRITTEN SOURCES OF ENGLAND LAW: However common l...

UNWRITTEN SOURCES OF ENGLAND LAW: However common law may be illustrated as that branch of the law of England that was developed through the English courts on the basis of the

Termination - duties of owner, Termination - Duties of Owner Although be...

Termination - Duties of Owner Although below S.12 of the Act the hirer may on any time before the final payment may or instalment falls due to terminate the agreement through li

Define and explain the term code of ethics, Question 1: (a) What does ...

Question 1: (a) What does Professional Practice mean to you? Define your perception of good Professional Practices. (b) Discuss some of the difficulties and challenges fac

Definitions of phoenix activity, phoenix activity involves "the evasion of ...

phoenix activity involves "the evasion of tax and other liabilities, such as employee entitlements, through the deliberate, systematic and sometimes cyclic liquidation of related c

Determine the expansionary monetary policy, Determine the expansionary mone...

Determine the expansionary monetary policy The possible spillover effects associated with expansionary monetary policy. In particular with fixed exchange rates expansionary mon

Ways which affect the behaviour of the policy maker, Ways which affect the ...

Ways which affect the behaviour of the policy maker There may be at least three ways this uncertainty may affect the behaviour of the policy maker. a) He may chose mainly th

Legal differences between a custodian and managing trustee, QUESTION 1 ...

QUESTION 1 Discuss the possible defences available to a trustee in proceedings for breach of trust QUESTION 2 Consider the legal differences between a custodian and a m

Best arguments to support the objections, A man is standing at a bar. ...

A man is standing at a bar.  His friend Sam says to him, "Jim, it was Claude who scratched your car and slashed all your seats." Two days later Jim is found beaten i

Advise sammy on the following issues, I. Sammy has been under continuous...

I. Sammy has been under continuous employment with World Entertainment Ltd for 5 years. Last Friday Sammy was called to the Director's Office and verbally informed that h

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd