19800602 TZHC Musoma

19800602 TZHC Musoma

The marriage between respondent and Wankuru was still legally subsisting at the time of her second marriage to the appellant, as it had not been dissolved by a court of law. The appellant's ignorance of the law does not excuse liability for adultery damages.

Citation
19800602 TZHC Musoma
Parties
Appellant: Appellant (unnamed); Respondent: J. Meki Kisyeru
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 June 1980
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed in part, damages reduced
Legal Topics
Marriage Dissolution, Adultery, Damages, Customary Dowry
Source Language
English
Family Law Customary Law Marriage Dissolution Adultery Damages Customary Dowry

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Parties

Appellant (unnamed)

Appellant

J. Meki Kisyeru

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the marriage between respondent and Wankuru was legally dissolved at the time of her second marriage to the appellant
  2. 2 Whether the appellant is liable for adultery damages under customary law

Ratio Decidendi

The marriage between respondent and Wankuru was still legally subsisting at the time of her second marriage to the appellant, as it had not been dissolved by a court of law. The appellant's ignorance of the law does not excuse liability for adultery damages.

Court Disposition

appeal dismissed in part, damages reduced

Orders

  • Appellant to pay respondent one head of cattle as damages for adultery
  • Each party to bear their own costs