19700430 TZHC Mwanza5

19700430 TZHC Mwanza5

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 applicable customary and statutory law.

Citation
19700430 TZHC Mwanza5
Parties
Appellant (original Defendant): Halima Dasubi; Respondent (original Plaintiff): Kantope Uheni
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 April 1970
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Bridewealth, Divorce, Desertion, Refund of Dowry
Source Language
English
Family Law Customary Law Bridewealth Divorce Desertion Refund of Dowry

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Parties

Halima Dasubi

Appellant (original Defendant)

Kantope Uheni

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 Application of customary law and statutory provisions to bridewealth claims

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 applicable customary and statutory law.

Court Disposition

appeal allowed

Orders

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