19880527 TZHC Musoma

19880527 TZHC Musoma

The appellant failed to prove that the respondent knew or ought to have known that the woman was married at the time he married her. The respondent paid dowry, which was accepted by the woman's father, and there was no evidence to the contrary. Therefore, the claim for damages for adultery could not stand.

Citation
19880527 TZHC Musoma
Parties
Appellant: Daudi Isfowwo; Respondent: Thomas Kirigiti
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 May 1988
Procedural Posture
Civil Appeal / Judgment on Appeal From District Court
Outcome
Appeal dismissed with costs.
Legal Topics
Adultery, Dowry, Marriage, Divorce, Damages
Source Language
English
Family Law Customary Law Adultery Dowry Marriage Divorce Damages

Case Brief

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Parties

Daudi Isfowwo

Appellant

Thomas Kirigiti

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From District Court

Legal Issues

  1. 1 Whether the respondent is liable for damages for adultery for marrying the appellant's wife while the marriage subsisted
  2. 2 Whether the respondent knew or ought to have known that the woman was married at the time of marriage

Ratio Decidendi

The appellant failed to prove that the respondent knew or ought to have known that the woman was married at the time he married her. The respondent paid dowry, which was accepted by the woman's father, and there was no evidence to the contrary. Therefore, the claim for damages for adultery could not stand.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed
  • Costs awarded to respondent