19730903 TZHC Mwanza
Appellant, being at fault for the marital breakdown due to adultery, must refund the full bride price before a divorce certificate is issued.
Source-derived case information.
- Citation
- 19730903 TZHC Mwanza
- Parties
- Appellant: Bi. Ngolo Njenje; Respondent: Siti Kibanzi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 3 September 1973
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Divorce, Bride Price, Adultery
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bi. Ngolo Njenje
Appellant
Siti Kibanzi
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appellant is entitled to a divorce certificate without refunding the bride price
- 2 Responsibility for marital breakdown due to adultery
Ratio Decidendi
Appellant, being at fault for the marital breakdown due to adultery, must refund the full bride price before a divorce certificate is issued.
Court Disposition
appeal dismissed
Orders
- Appellant's appeal is dismissed with costs.
- Appellant must refund full bride price before divorce certificate is issued.
Full Case Text
Judgment text and source record
1 paragraphs
-1_ IN THE HIGH COURT OF TLNZNI, 0 L T MWNZJ (pc) CIVIL ZPPEAL i. 165 OF 1971 (From the decision of the District Court of Musoma at Musoma in Civil ippeal No. 14 of 1971 - Before C.A. Lwelengera Esq., D.M. and Burida Original Civil Case No. 93 of 1970) Bi. NGOLO NJENJE . . . . . . . . . . . . . . . . ........ . . . . . JPPELLiNT ye r s us SITi I(1B.[4NZi ...............•..... D• • • RESPONDENT JUDGMENT MFLIL, IG. J.: The appellant is appealing against the District Court decision which allowed the present respondent's appeal and directed that the appellant being the guilty party can only have a divorce decree pronounced in her favour and a certificate issued only after the full bride price is refunded to the respondent. For this proposition he relied on a number of authorities laid down by this Court. The Learned Bistrict Magistrate was perfectly correct in the decision that he did. Thiappe11antennot come to this Court and obtain a divorce certificate 1Uy merely broadcasting her own adulterous associations. She is certainly fully to blame for the break—up of this marriage. The respondent must have his bride price refunded in full before the appellant is issued with a divorce certificate. In the meantime the respondent is entitled to treat all the children born to the appellant as his own. The appeal is dismissed with costs. . 1. MNZ, L. 3rd September, 1973. iG. JUPGE