19830517 TZHC Musoma
- Citation
- 19830517 TZHC Musoma
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 17 May 1983
- Posture
- Matrimonial Civil Appeal / Appellate
- Language
- English
More details
- Court
- TZHC
- Decision
- 17 May 1983
- Posture
- Matrimonial Civil Appeal / Appellate
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The respondent failed to prove matrimonial offences by credible evidence, and the trial court erred in relying solely on the evidence of a minor son without corroboration from other witnesses.
Court disposition
appeal allowed
Orders
- Decision of the trial court set aside
- Parties declared still man and wife
02
Material facts
Parties
Boke d/o Musoma
AppellantNyambeho s/o Maroga
Respondent03
Procedural history
Posture
Matrimonial Civil Appeal / Appellate
04
Questions and positions
Legal issues
- 01
Whether the respondent proved matrimonial offences justifying dissolution of marriage
- 02
Whether the trial court erred in relying solely on the evidence of a minor son
Party arguments
- Applicant
- The appellant argued that the respondent became harsh and abusive when drunk and beat her, denying the allegations of unfaithfulness and desertion.
- Respondent
- The respondent alleged that the appellant was unfaithful, frequently left home, and was caught with other men, seeking dissolution of the marriage.
05
Court’s reasoning
Legal principles
- 01
Judgment of Munyera, J.
Allegations in matrimonial cases must be proved by credible evidence; reliance on a single minor witness is insufficient where other evidence is available.
06
Ratio, limits and disposition
Ratio decidendi
The respondent failed to prove matrimonial offences by credible evidence, and the trial court erred in relying solely on the evidence of a minor son without corroboration from other witnesses.
Court disposition
appeal allowed
- Decision of the trial court set aside
- Parties declared still man and wife
Source and reliance status
TZHC · 17 May 1983
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Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 17 May 1983
IN THE HIGH COURT OF TANZANIA fl. T 1VlUSOlV1A APPillLLATb JURISDICTION (PO) MATRLJIONIAL CIVIL APPEAL NO. 22 OF 1~81 (From the decision of the Brimary Court of Serengeti at Iss-3eye Primary Gourt - Before s. M. Malima, &q., Primary Court Mai£istrate) BOKE D/0 MUSOMA ••••••••••• , •• •. o • • • • • • • • • • • • • • • • • • • • • • • • • • APPELLJ"'NT
VERSUS NYlu>iBEHO s/o MAROGA •••••••••••••••••••••••••••••••••••••• RESPOI1IDENT
J U D G M E N T .lVIU NY ERA, J •: The respondent petitioned for divorce before Isseeye Primary Court of Serengeti District. He alle~ed that his wife (appellant) whom he married in 1957, was unbecoming, She did not stay at home and had bacome unfaithful. He caught hor four times with men and she frequently disappeared from home. The appellant resisted the petition and charged that it was the husband who oecnmo hush whenever he drank porn be and took to beating her. The trial court unanimously decided that the marria 6 e had broken down irreparably and the appellant was to blame. The court dissolved the marriage. The woman appealedr I would not support the decision of.the. trial oourt. Although the respondent gave a long stor3r of what _the appellant was doing, he did not prove his allegations lJy evidence. The only witness he called was their son aged 13 yeurs', Ma 6 ..:sa Nyam beho. The. boy stated that one day in 1979 his father (respondent) returned from his business and found his mother (appellant) missing •. Tb.epoy also conftrmed that his mothor (the appellant) frequently ran away from home• The appellant ntt~clc..ed thQ boy's e;vidence nnd. said he. was intimidated, by• the respondent to say .io. The trial court should not have relied on the evidence of t~at boy alone. There are elders in the villaJe and no reason why the respondent did not C3.ll aey. I find,that the respondent did not establish th3t the appellant was guilty of aey matrimonial offence. I allow the ap1)eal, set aside the d•oision of the trial court and declare that the parties are still man and wifeo MUSOl~' 11/s/e3
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