anamary josephat another vs onesmo b semu 2022 tzhc 13775 30 september 2022
Respondent failed to prove adultery on balance of probabilities; evidence indicated the adultery claim was fabricated as revenge for criminal convictions, and the scenario described by respondent was implausible.
- Citation
- anamary josephat another vs onesmo b semu 2022 tzhc 13775 30 september 2022
- Parties
- Appellant: Anamary Josephat; Appellant: Gilliard Laurent; Respondent: Onesmo B. Semu
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 September 2022
- Procedural Posture
- Civil Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Adultery, Compensation, Credibility of Witnesses, Judicial Notice
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Anamary Josephat
Appellant
Gilliard Laurent
Appellant
Onesmo B. Semu
Respondent
Procedural Posture
Civil Appeal / Second Appeal
Legal Issues
- 1 Whether the respondent proved adultery against the appellants on the balance of probabilities
- 2 Whether the lower courts erred in evaluating evidence and credibility of witnesses
- 3 Whether the compensation awarded was justified
Ratio Decidendi
Respondent failed to prove adultery on balance of probabilities; evidence indicated the adultery claim was fabricated as revenge for criminal convictions, and the scenario described by respondent was implausible.
Court Disposition
appeal allowed
Orders
- Judgments and orders of trial and first appellate courts quashed and set aside
- Respondent to pay costs
Full Case Text
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