20170227 TZHC Mwanza2

20170227 TZHC Mwanza2

The appellant failed to prove, on a balance of probabilities, that the 2nd respondent committed adultery with the 1st respondent. However, the 1st respondent admitted to having sexual intercourse and a child with another man during the period of separation, amounting to adultery. Compensation is therefore awarded against the 1st respondent only.

Citation
20170227 TZHC Mwanza2
Parties
Appellant: Cleophace B. Mtobi; 1st Respondent: Zainab K. Mohamed; 2nd Respondent: Jomaa Mabomboka
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 February 2017
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal partly allowed
Legal Topics
Adultery, Customary Marriage, Burden of Proof, Compensation for Adultery
Source Language
English
Family Law Tort Law Adultery Customary Marriage Burden of Proof Compensation for Adultery

Case Brief

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Parties

Cleophace B. Mtobi

Appellant

Zainab K. Mohamed

1st Respondent

Jomaa Mabomboka

2nd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the respondents committed adultery as alleged by the appellant
  2. 2 Whether the trial court erred in its evaluation of evidence and application of law regarding adultery and compensation
  3. 3 Whether circumstantial evidence is sufficient to prove adultery in civil cases

Ratio Decidendi

The appellant failed to prove, on a balance of probabilities, that the 2nd respondent committed adultery with the 1st respondent. However, the 1st respondent admitted to having sexual intercourse and a child with another man during the period of separation, amounting to adultery. Compensation is therefore awarded against the 1st respondent only.

Court Disposition

Appeal partly allowed

Orders

  • 1st respondent to pay appellant compensation of TZS 4,000,000 for adultery
  • No liability found against 2nd respondent