19700430 TZHC Mwanza2

19700430 TZHC Mwanza2

Claim for refund of bridewealth is incompetent and premature as marriage has not been dissolved or sought to be dissolved; refund is only permissible upon divorce under the applicable customary law and statutory provisions.

Citation
19700430 TZHC Mwanza2
Parties
Appellant (original Defendant): Jalima Hasubi; Respondent (original Plaintiff): Kantope Chenti
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 April 1970
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Bridewealth, Divorce, Refund of Dowry, Desertion
Source Language
English
Family Law Customary Law Bridewealth Divorce Refund of Dowry Desertion

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Parties

Jalima Hasubi

Appellant (original Defendant)

Kantope Chenti

Respondent (original Plaintiff)

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether refund of bridewealth is permissible without divorce
  2. 2 Effect of wife's desertion on entitlement to refund of bridewealth
  3. 3 Impact of children born on claim for refund of bridewealth

Ratio Decidendi

Claim for refund of bridewealth is incompetent and premature as marriage has not been dissolved or sought to be dissolved; refund is only permissible upon divorce under the applicable customary law and statutory provisions.

Court Disposition

appeal allowed

Orders

  • Judgment of both courts below set aside
  • Suit ordered to be dismissed