19910513 TZHC Dodoma

19910513 TZHC Dodoma

The appellant is not entitled to a refund of bridewealth from the respondent as she was not the recipient; the iron sheets and bricks are the respondent's personal property based on credible evidence and receipts; there is no credible evidence the appellant stole Shs. 6,000/=, so the refund order is set aside; the appellant must vacate the house as the respondent is the registered tenant and marriage is dissolved.

Citation
19910513 TZHC Dodoma
Parties
Appellant: Abraham Digo; Respondent: Defrosa Digo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 May 1991
Procedural Posture
Matrimonial Appeal / Appeal From District Court Judgment
Outcome
appeal dismissed except as to the order for refund of Shs. 6,000/=
Legal Topics
Divorce, Matrimonial Property, Bridewealth, Eviction
Source Language
English
Family Law Divorce Matrimonial Property Bridewealth Eviction

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Parties

Abraham Digo

Appellant

Defrosa Digo

Respondent

Procedural Posture

Matrimonial Appeal / Appeal From District Court Judgment

Legal Issues

  1. 1 Whether the appellant is entitled to a refund of bridewealth
  2. 2 Whether the appellant is entitled to a share in the iron sheets and bricks claimed as matrimonial assets
  3. 3 Whether the appellant should refund Shs. 6,000/= to the respondent

Ratio Decidendi

The appellant is not entitled to a refund of bridewealth from the respondent as she was not the recipient; the iron sheets and bricks are the respondent's personal property based on credible evidence and receipts; there is no credible evidence the appellant stole Shs. 6,000/=, so the refund order is set aside; the appellant must vacate the house as the respondent is the registered tenant and marriage is dissolved.

Court Disposition

appeal dismissed except as to the order for refund of Shs. 6,000/=

Orders

  • Order requiring appellant to refund Shs. 6,000/= to respondent is set aside.
  • Appellant must vacate the house.