19710924 TZHC Mwanza

The appellant is liable to pay the balance of dowry as agreed by his father on his behalf, since customary law precluded his direct participation in the negotiations and he was properly represented.

Citation: 19710924 TZHC Mwanza
Parties: Appellant: Finhas Oiopio; Respondent: Willison Tigaju
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 24 September 1971
Procedural Posture: Civil Appeal / Second Appeal
Outcome: appeal dismissed
Legal Topics: Dowry, Customary Marriage, Payment of Cattle as Dowry
Source Language: English

Family Law Customary Law Dowry Customary Marriage Payment of Cattle as Dowry

Case Brief

Summary, issues, holding and outcome

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Parties

Finhas Oiopio

Appellant

Willison Tigaju

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

1 Whether the appellant is liable to pay the balance of dowry under customary law
2 Whether the agreement to pay dowry was valid and binding on the appellant

Ratio Decidendi

The appellant is liable to pay the balance of dowry as agreed by his father on his behalf, since customary law precluded his direct participation in the negotiations and he was properly represented.

Court Disposition

appeal dismissed

Orders

Appellant to pay the respondent the remaining cattle as dowry
No order as to costs