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

What is the meaning of flexible exchange rates, What is the Flexible Exchan...

What is the Flexible Exchange Rates With a fully flexible exchange rate adjustment toward the long run equilibrium occurs via a change in relative prices. This effect is shown

Duties of an advocate, Duties of an Advocate First is, Duty to th...

Duties of an Advocate First is, Duty to the Court Whether as an officer of court an advocate is bound to assist in administration of the justice.  Thus he must adv

Synopsis, Who would think a documentary about the collapse of a mammoth cor...

Who would think a documentary about the collapse of a mammoth corporation could play out like a drama with the emotional power of Greek tragedy? But that is the impact of enroll:th

Tort law assignment help: causation, The second factor which is necessary f...

The second factor which is necessary for a claimant to impose claim on other person is to have a cause for the action taken by him. Hence it is important to have a proper link betw

Explain articles of universal declaration of human rights, Explain Articles...

Explain Articles of Universal Declaration of Human Rights i. Preamble: 'Whereas recognition of the inherent dignity and of the equivalent and inalienable rights of all  membe

Find the murderer, Your first big case is a multiple murder. As defense att...

Your first big case is a multiple murder. As defense attorney for SyKopath, you have come to the realization that he really did break into a couple's home and torture and kill them

Possessory lien, Possessory Lien Possessory Lien right of a party in p...

Possessory Lien Possessory Lien right of a party in possession about anothers goods to retain like the m as security about an obligation owned as in the owner.  Therefore the

Duties of the principal - agency law, Duties of the Principal - Agency Law ...

Duties of the Principal - Agency Law However the duties of the principal for the agent are like: Remuneration Whether to pay the agreed commission where it becomes du

Business environment, 1.(a) identify and give out the explanation of differ...

1.(a) identify and give out the explanation of different categories of legal system. (b) How is legal system in bznz enforce

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