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

Statutory power - mergers and winding up, Statutory power - mergers and win...

Statutory power - mergers and winding up: It is usual to proceed under s.207 as there are technical difficulties over s.300 procedure.  The liquidator's powers to reach a comp

Explain about the inflationary bias, Inflationary Bias Another potentia...

Inflationary Bias Another potential problem with the coordination of monetary policy is that it can worsen the inflationary bias within each country. If the costs associated wi

Protection of general public, Protection of General Public: It may hap...

Protection of General Public: It may happen that a resolution reducing a company's capital was passed in circumstances which indicate that the shareholders had not been proper

Explain negotiation tactics, Question 1: Explain in full details the va...

Question 1: Explain in full details the various negotiation tactics and the ethical criteria that you, as a negotiator, may use to achieve your projected goals and bring positi

Appeals - court-martial, Appeals - Court-Martial In fact in Section 11...

Appeals - Court-Martial In fact in Section 115 of the Armed Forces Act including a person who has been convicted through a court-martial to appeal to the High Court either aga

What is an exemption clause, QUESTION 1 (a) Explain the word "condition...

QUESTION 1 (a) Explain the word "conditions" in a contract (b) Describe the various types of conditions that may exist in a contract QUESTION 2 Explain the term "war

Write short notes on the litteral rule, QUESTION (i) Write on the healt...

QUESTION (i) Write on the health and safety issues in the hospitality industry (ii) Describe the hierarchy of courts in Mauritius and explain what you understand by the doct

Civil law, Civil Law: Further civil law is affected with violations of...

Civil Law: Further civil law is affected with violations of private rights in their corporate or individual capacity egg breach of contract, negligence, defamation, nuisance,

Analyse the major changes brought to industrial relations, Question 1: ...

Question 1: Critically analyse the major changes brought to Industrial Relations by the Employment Relations Act 2008? Question 2: Write short notes on the followings:

Distinguish between industrial and employee relations, Question 1: (i) ...

Question 1: (i) Distinguish between industrial relations and employee relations. (ii) State the environmental factors that affect employee relations. (iii) Give five r

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