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

State the definition of equilibrium, State the Definition of equilibrium ...

State the Definition of equilibrium The approach of equilibrium refinements aims at strengthening the definition of equilibrium itself in order to purge others out as possible

Compensation for removal - company management, Compensation for Removal: ...

Compensation for Removal: Subsection (6) provides that nothing in s.185 shall be taken as depriving a removed director of compensation or damages payable to him in respect of

What is judicial review, QUESTION 1 (a) What are the various alternativ...

QUESTION 1 (a) What are the various alternatives that exist to settle a dispute besides going to court (b) What are their respective advantages and disadvantages QUESTIO

What is the way of acquiring rights over a territory, What is the way of ac...

What is the way of acquiring rights over a territory The way of acquiring rights over a territory is adjudication . It is a process in which the States consult an internation

Prohibition - name clause , Prohibition:  Section 18 of the Registrat...

Prohibition:  Section 18 of the Registration of Business Names Act provides that the registration of a company's business name under the Act shall not be construed as authoris

How will you plan to establish your own business, (a) How will you plan to ...

(a) How will you plan to establish your own business? (b) What are the merits and demerits in owning a business? (c) What are the aspects you have to think in establishing an

Suing and being sued, Suing and being Sued:            Because a compa...

Suing and being Sued:            Because a company is at law a different person altogether from its members it follows that a wrong to, or by, the company does not legally con

Advantages of stare decisis - flexibility, Advantages of Stare Decisis - ...

Advantages of Stare Decisis - Flexibility Since of the freedom that final Court of Appeal always has to depart from a previous decision of its own whether the social condi

Torts law problem, Bazil decided to celebrate a promotion he had received a...

Bazil decided to celebrate a promotion he had received at work that week by having a few alcoholic drinks on the weekend. After a few hours spent in the local pub, Bazil decided he

Discuss about the inflationary bias in the economy, Discuss about the infla...

Discuss about the inflationary bias in the economy As the costs are lower, there is a greater incentive for the government to expand the money supply. Agents perceive this and s

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