Diwansap v Kimemeta (Civil Case No. 207 of 1927) [1927] EACA 10 (1 January 1927)

## ORIGINAL CIVIL.

## Before PICKERING, J.

## MBARUK BIN DIWANSAP $\boldsymbol{v}.$

## HAMSINI BIN JUMBE KIMEMETA. C. C. $207/1927$ .

Custody of marriageable girl-Mohammedan law.

Held: -That the wali of the girl is entitled to act as her guardian.'

About eight years before this suit was filed the plaintiff, a Mohammedan, handed over his granddaughter, then aged about five years, to the defendant at Nairobi, with instructions to take her to the plaintiff's home in Tanganyika. Defendant failed to do so, and the plaintiff brought this action to recover custody of the girl. The summons was served on the defendant who was residing at Changamwe, Mombasa.

The defendant did not appear.

ORDER.-Kariori is of marriageable age and cannot strictly be married without the assent of her wali. Hamsini's complaint is that he wants some return for maintaining her. That he cannot raise as a defence in this cause. He has reared her voluntarily knowing that when the girl grew up she would be taken from him for marriage.

The plaintiff as the wali of Karori is entitled to act as her guardian. Hamsini is ordered to hand over the girl to the plaintiff.

56