19811109 TZHC Dodoma

IN THE HIGH COURT OF Tli..N"Z.ANIA . AT .DODOMA ( ro) MATRIMONIAL APPEAL NUMBER 10 O;F 1980 (From the decision of the Primary Court of PUMA at SINGIDA in.Civil Case Number 15 of 1980) ABDALLAH S IUJ I · • • • ••• ... • • • • • .... APPELL!lN'T - • versus HAW!.. OMAR.I • • • • • ... .·,. . ...... .•·• • "• • • • RESPONDENT • JUD G M_E NT: ,:MADTA 1 J'. The respondent Hawa Omari petitioned for divorce in Puma Primary Court. The Primary Court dissolved the marriage and also ordered that the respondent's father should refund i. •two head of cattle and one goat which were paid as brideweal th. The appellant Abdallah Suiji is appealing against the decision of the trial court. There was no dispute that the parties were married under cu·stomary law in 1975. The res:ponlent 1 s evidence that the appellant had assaulted her on several occasions, causing 'her injuries to the ears and the eye 1 was supported by three vitnesses one of whom was the ten-cells-leacler Hassan ib:r-ahim to whom the respondent always complained of the beatings1 and the other a neighbour Mwanaharusi Selemani to whom the respondent went to seek refuge when she was assaulted by the appellant. The appellant's def enco the.t he assaulted the respondent only once was rejected as tr:3re was no reason to disbelieve the respondent that witnesses. The Primary Court properly dissolved the marriage; and the appeal against the order for dissolution of the marriage is dismissed, As regards the refund of bridewealth, since the petition was for divorce and the person who received the bridewealth was not a party in the :proceedings, that order was wrongly made and cannot be allowed to stand. The order for the refund of bridewealth is set aside. The appellant may sue the respondent's father who receive·d that brideweaith. The parties shall bear their own costs. /) : lJ\k1,~ '. ' W..J. MAINA S!NGIDA - 9.ll.1981 JUDGE.