19770804 TZHC Musoma

19770804 TZHC Musoma

The wife's admission of adultery with the appellant constituted sufficient evidence to support the respondent's claim for compensation under customary law, making further corroboration unnecessary.

Citation
19770804 TZHC Musoma
Parties
Appellant: Chacha I. R. E. I.; Respondent: Nyamithanga Maewi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 August 1977
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Adultery, Compensation for Adultery, Evidence Requirements in Customary Law
Source Language
English

Case Brief

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Parties

Chacha I. R. E. I.

Appellant

Nyamithanga Maewi

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

  1. 1 Whether the respondent proved adultery by the appellant under customary law
  2. 2 Whether corroboration was required beyond the wife's admission
  3. 3 Appropriate quantum of compensation for adultery

Ratio Decidendi

The wife's admission of adultery with the appellant constituted sufficient evidence to support the respondent's claim for compensation under customary law, making further corroboration unnecessary.

Court Disposition

appeal dismissed

Orders

  • Appellant to pay respondent Shs. 1000 as compensation for adultery
  • No order as to costs in this appeal