19901110 TZHC Dar es Salaam
Dowry cannot be refunded unless marriage is dissolved by a court; lower courts erred in ordering refund without proof of dissolution.
Source-derived case information.
- Citation
- 19901110 TZHC Dar es Salaam
- Parties
- Appellant: Deusdedit N. Makire; Respondent: Andricus Mwita
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 10 November 1990
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Dowry Refund, Marriage Validity, Divorce Proceedings
- Source Language
- english
Family Law Dowry Refund Marriage Validity Divorce Proceedings
Source-derived case record
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Parties
Deusdedit N. Makire
Appellant
Andricus Mwita
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Is dowry refundable before dissolution of marriage by court?
- 2 Was the appellant's daughter a party to the suit and liable for refund?
- 3 Was there a valid marriage between respondent and appellant's daughter?
Ratio Decidendi
Dowry cannot be refunded unless marriage is dissolved by a court; lower courts erred in ordering refund without proof of dissolution.
Court Disposition
appeal allowed
Orders
- Orders of lower courts set aside
- Parties to bear their own costs
Full Case Text
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