19881006 TZHC Tabora

IN THE HIGH COURT OF TANZANIA ---- AT TABORA •. I ·....... MISC. CIVIL ·APPEAL NO. 1 OF 1987 S EFU NTOGWASHINGJ • ·• • • • • • • • • . APPELLANT. VERSUS MISINZO NZEKE ••• p • • • •·• • • • • • • RGSPONDENT KOROSSO, J. • •• 0 This is an appeal presented by'the ApJellant raiien~~ng t~e decision of the lower fourts. ,,., The 'Appellant had been suocestully 5 headij of 111•tle an_~- the sum of Shs. 500/ = as damages for the A1l'ellant's alleged adultery with.·.. the Responden1't , . ._ ~--------------. - ~-. ' wife, The. Appellant unsuc cessfull,y· ·a!)!)eaJ.e.d. t-0 t11e - ,,,. D~strict Court, . !fence this appeal to this Court, Aceording to the evidence adduced by the Respoaden; 01e Misuzo Nzeke (P.w.1 ), on 2.5/3/86 he had rete:i,ved a Le;"te'.P whiell threatened him to leave the .village together,· ·. '· ,~ th his wife because he ( Pw 1 ) had been responsible f1tt the deaths of pel'.ple in the village. The Responden\' s wife aecidentally picked up the letter on 26/3/198C and then caused the same to be read over to her .by a youth, The Respondent decided to go and report the ·- ..... mstter ·to the local authority. The Respondent was ,~ followed by his wife who joined her at the homa of· :te Samuel Kaswahili (~.~). While Pw.1 and his wife we1e t:1t the home of Pw.• 2, the Appellant happened to In the afterno-on of 26/3/86,the 1tesponden-;'s wi!e was-discovered absent shortl:S,....after the depar~ure . -. ot ~he Ap~ellant. The Appellant consequently oecame 'ihe •entre of suspicion. .1 f I ~ . . . i On the ~videncc ~ there was· cause for ·suspicion, '· B~t th~n some more evidence was required to eonfirm I I . .., ',.,. ... .. .,, t· ., :··· .- ..... _ - 2 - sueh suspicion, It should be remembered that the Ree'l'ondent's wife had dtsappeared on 26/3/1986 just a few hours after r • .. •.'. .. i .• .. . ·- ~- she had it read to her the contents of the letter which had fairly expressed warned her and her husband, the Respondent, to quit their village• ~he ·reats conveyed by the letter could have throughou~ been unbearably operating in her delioate mind, ~he ...real eould have been the possible eause ot he» m~sterious disappearance. On the foregone grounds, I would re'lf'Grse the detlsion of the lower Courts .• Appeal allowed with costs. A. G. G .KOROSSO, 6/10/1988 I,r,ity that this is the PY of tbe original ..... J emen'i• ~,J)ISTRIC ]GISTRAR ,TA,~ .· ...\ "\: . I- l { I "" ' ··1 < \ I I' ·. • .. -·I . I ,.[ ,.,.~ • -,..•t ... ' a• .- '