19791210 TZHC Musoma

71 .-. • . . • : IN THE I4IGH COURT OF TANZANIA . ATMUSONA • . (PC) MATR. CIVIL APPEAL NO. 13 OF 1979 • (From the decisiOn of the Urban Primary Court of Musoma • . District at Musorna in Matr. Civil Case No.137/1978) . '•, - ', 'S ,\ BEFORE: N.K. MAI,IIMA, ESQ., PRIMARY COURT MAGISTRATE . BI NARIAM HASSAN ',.•... ..,, SSO•• • ....... . • . . . . ... • . .. .. .. APPELLANT - VERSUS . RAMADHANI MGONJWA • • • .. . . . . . ........ .. . • • S. • • • •• • • • . RESPONDENT J U D G E ME NT I'IFALILA, J. The, appellant wife MARIAM HASSAN petitioned the Urban Primary Court at 'Musoma for the dissolution of her marriage to the respondent Rainadhan Mgonjwa on the ground that their marriage had irrevocably broken down on' account, of her husband's cruelty. She obtained a certificate to this effect frèrn the Conciliatory Board of her community BAKWATA. In Court she alleged several instances of cruelty committed on. her by the respondent. These mainly took the form of constant beatings and that on one occassion she even suffered a broken tooth.. She also alleged acts of sexual perversion on the respondent's part.. In the 'course of her evidence she said that she reported 'all her troubles to her' cell 'leader who therefore knows all about them and she called him as a witness, But the cell leader denied in his evidence that he received complaints at anytime from the appellant regarding the respondent's acts of cruelty, the only complaint he received was one when the respondent called him to witness .a situation where he the.respondent thought the appellant had been having an affair with another man. Thus as the trial court found, there was no evidenc i to support the appellants' allegatiOns against the bi raspondent,. who denied all the allegations of cruelty consisting of beatings and acts of sexual perversicn. The. Primary Court dismissed the petition. Against this decision the appellant appealed arguing that the Primary Court had no good reasons to disbelieve her. On the contrary I think the Primary Court had every reason to reject her allegations against the respondent. It is inconceivable that 'the appellant would have suffered all these beatings including a broken tooth in silence. She could at least have reported to her parents. But she reported to nobody including her cell leader. This S , is not usual. In the circumstances .1 agree with the Primary Court, that the appellant did not establish any act of cruelty on the respondent's part and that therefore they rightly dismissed her petition. 'This appeal is accordingly dismissed. ' MUSQ ' ' L. '1,0TH DECEMBER, -1979. ' ' ' JUDGE ,