In Kitagwenda, you cannot organize a successful kuhingira unless you have invited Mugisha. The moment you tell him your plans to get married, he will tell you all is ok and he will let you pick out the fattest cows and gift them to you on your kuhingira.
Kabayo took his invitation card to Mugisha 3 months before the kuhingira and he pointed out a fat cow and healthy bull. He kept rubbing his hands when it was time for Mugisha’s speech and as expected ‘he was gifted’ a cow and a bull.
Unknown to everyone, the cow and bull had died that morning and when Kabayo went to collect his, he was given the bad news and told to wait a year for ‘something’ else.
Kabayo does not want to wait a year or for a replacement. He wants to sue Mugisha for deceiving him and breaking his promise.
WHAT DOES THE LAW SAY?
The law says that people are free to make promises to each other and the courts will make sure that those people do not break those promises to each other and if they do, it will see that they are punished so they compensate the other person who has suffered.
For the courts to make sure your promise is not broken, there must be two promises. For example, “I promise to give you 20 chicken if you promise to give me 1 goat”. This exchange of promises is called the price you pay (the consideration).
If only one person has made a promise and the other person has done nothing to receive this promise, then this is just a gift and not an exchange of promises. In short, you have done nothing to deserve this promise.
The courts will not help you enforce a promise which you have not done anything to deserve. So Kabayo cannot ask the courts to force Mugisha to fulfil his promise when he did not do anything to deserve it.
Source: BarefootLawyers
Comments
Post a Comment