19800725 TZHC Dodoma
Adultery by the appellant was proved through credible evidence, justifying the dissolution of marriage and the custody order in favor of the respondent.
Source-derived case information.
- Citation
- 19800725 TZHC Dodoma
- Parties
- Appellant: Elias Kamonga; Respondent: Lahale Masasi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 25 July 1980
- Procedural Posture
- Matrimonial Appeal / Appeal From District Court Decision
- Outcome
- appeal dismissed
- Legal Topics
- Divorce, Adultery, Child Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Elias Kamonga
Appellant
Lahale Masasi
Respondent
Procedural Posture
Matrimonial Appeal / Appeal From District Court Decision
Legal Issues
- 1 Whether adultery was committed by the appellant
- 2 Whether the dissolution of marriage was proper
- 3 Whether custody of the child was correctly awarded
Ratio Decidendi
Adultery by the appellant was proved through credible evidence, justifying the dissolution of marriage and the custody order in favor of the respondent.
Court Disposition
appeal dismissed
Orders
- Appellant to return the child Hamisi to the respondent
- Appellant may apply to Primary Court for review of custody if circumstances warrant
Full Case Text
Judgment text and source record
1 paragraphs
M~~ . IN . TEE HIGH .COURT' OP- TAL~ZAN-IA AT· DODOMA: I 1: I '{ PC};) MATRIMONIAL APPEAL N'O. :5. of 1980 (From the decision of the nLs,trict-Oourt ,J bf C:hipogoro at Mpwapwa in <'.}i vil Case No. 61 of 1979) ELIAS K:AMONGA . . . . . • (Original • , • ·• • APPELLANT Respondent) versus LAHALE MASJI.SI • • • • • • • ,, • • RESPONDENT ____________;(I.lo~~ -J,'eti tionerJ. ·I 'I J U D G M E N X: MAIN.£, .J • The respondent, Lahale Masasi, petitioned for divorce at the Chipogoro :Prioa.-ry Co:ur-t.. ~ ~imarJ[. Court disso1ved l the oarriage. The husband) the appellant ·here.1n.> was:' 4iss:a- tisf'ied and he now appeals to this court. The evidence ,eloa.r1y- established ~trlr -tme ~ilz:rt.. was having s·exual relations with Zaler;m Mazengo · {~2) who is . the,.respondent' s niece. Zalaoa to.l.d I 'Uhe Court 'bb.aJ., for ·. many years she has been the appQllant~ s lover and evei. af-ter-· the appellant was raarried to the resp?nd'ent>the sexual ··· relations between tho appellant and Zalema have continued.t, According to Zalema,the appellant insists that their sexual. affairs should continue and they are continuing despite the . . '1 fact that the appellant is married to·Znlena•s aunt, that is, I , ·the respondent. Although the appellant :said he stopped having sexual affairs with Zalema afrer he got married to the • . I respondent that is not true as Zalcna herself gave evidence to 1 support the respondent's allegationsi Adultery was proved and the dissolution of the I:1arriage was p~o1;erly r made. . I The respondent inforraed this Court that the appellant has taken custody of the child aged two yenrs contrary to the I ' order of tho Primary Court. The appellant adnitsthe allegation. l It is hereby ordered that the appellant should return the child I . Hamisi to the respondent. If the appellant I has evidence . that the child is not properly cared for, or for any other reason, he , should apply to. the Primary Court, under section 133 of the la.w , I ': of Marriage Aet, for review-of the order I which gave custody of 1 the child to the respondent. . . ~-. This appeal iS·dismissed with costs ·l , f :' ' ,I ' "'""' DODOMA .. 25th July 1980 W. 1J ~ M;~A • JUDGE 1 Both parties present. I I