19820913 TZCA Dar es Salaam

19820913 TZCA Dar es Salaam

The Law of Marriage Act, 1971 overrides customary law in matters it covers, including prohibited relationships; thus, the purported marriage between the respondent and the deceased's junior wife is a nullity, and no refund of bride price is warranted.

Citation
19820913 TZCA Dar es Salaam
Parties
Appellant: Chikala Nyavaja; Respondent: Balala Masanja
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 September 1982
Procedural Posture
Civil Appeal / Final Appellate Decision
Outcome
appeal allowed
Legal Topics
Prohibited Relationships, Customary Marriage, Bride Price, Inheritance of Wives
Source Language
English
Family Law Customary Law Prohibited Relationships Customary Marriage Bride Price Inheritance of Wives

Case Brief

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Parties

Chikala Nyavaja

Appellant

Balala Masanja

Respondent

Procedural Posture

Civil Appeal / Final Appellate Decision

Legal Issues

  1. 1 Whether a son can inherit his deceased father's wife under Kigogo customary law after the Law of Marriage Act, 1971
  2. 2 Whether the marriage between the respondent and the deceased's junior wife was valid under the Law of Marriage Act, 1971
  3. 3 Whether the refund of bride price is warranted in these circumstances

Ratio Decidendi

The Law of Marriage Act, 1971 overrides customary law in matters it covers, including prohibited relationships; thus, the purported marriage between the respondent and the deceased's junior wife is a nullity, and no refund of bride price is warranted.

Court Disposition

appeal allowed

Orders

  • Judgment and decree of the High Court set aside
  • If appellant has already paid the 12 head of cattle to the respondent, the same should be returned to him