19970822 TZHC Dodoma1

19970822 TZHC Dodoma1

The court held that the lower courts erred by not properly applying the principles regarding refund of bride price under customary law. The court reassessed the refundable bride price based on the wife being the guilty party and set the amount at 5 heads of cattle, 2 goats, and Shs. 250/=.

Citation
19970822 TZHC Dodoma1
Parties
Appellant: Hakupila s/o Chilo; Respondent: Uwindu s/o Kidole
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 August 1997
Procedural Posture
Civil Appeal / Judgment on Second Appeal
Outcome
appeal allowed in part
Legal Topics
Refund of Bride Price, Divorce, Assessment of Refundable Bride Price
Source Language
English
Family Law Customary Law Refund of Bride Price Divorce Assessment of Refundable Bride Price

Case Brief

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Parties

Hakupila s/o Chilo

Appellant

Uwindu s/o Kidole

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the lower courts properly applied the principles regarding refund of bride price under customary law
  2. 2 Whether the assessment of the refundable bride price was correct

Ratio Decidendi

The court held that the lower courts erred by not properly applying the principles regarding refund of bride price under customary law. The court reassessed the refundable bride price based on the wife being the guilty party and set the amount at 5 heads of cattle, 2 goats, and Shs. 250/=.

Court Disposition

appeal allowed in part

Orders

  • Refundable bride price assessed at 5 heads of cattle, 2 goats, and Shs. 250/=