19760802 TZHC Mwanza

mTT7 A iVi i.rv Ji ( c) (JVIL E:T... 19 CF 17 PROi'T TH3 LCISIOH OF TiE DIFJT2ICT COURT OF .T IN CIVIL LFP1.AL NO., 29 OF 1975 FORH S.K. fUTAKI, TSQ.., D..M.. (oHIGIIL MISSUNGWI PRILRY COURT CIVIL C[E NO.. 16/72) HITiDIWISLi MGI . . . . . ,• . . ., .. .. ! PP1LLJNT (Original Defendant) Versus LYLINGI1VJILJ MffTh'TI •, ., . . 0 • • . . . ..RB'SPOND}NT (Original Plaintiff ) OL.AIN: Damages for adu1tery.

JUDGNT K1TITI, J - The respondent filed a suit, in I1issungwi Primary Court in Ylwanza District claiming 5, heads of cattle or 900/= as damages against the appellant for the adultenoas association, the aDpellant had with the respondents wifeo The Primary Court by a mejorty of two verdicted in favour of the respondent. The appellant aggrieved , sought and in fact appealed &o, the Distr.ct Court., The District Court had no difficulty in dismissing the appeal on the ground that the evidence was overwhelming against the appellant. The appellant appeals to this Court therefore.. The two Courts below were not wrc'ng. The respondent married Di To'bole \Ialongo under customary rules and therefore dowry was accordingly paid. More was no doubt that the two were bound by an institution known as marriage.. However somehow instability began to erode ..heir marriage The rcspondentts wife .finally found her way into th home of the appellant, who considering this,. as heaven sent, began to adulterously live with her, regardless of conse- quences. On the evidence there was no doubt that the appellant knew that Bi Tobola Malongo was the respondent's wife, for even after the arbitration elders had intervened, the appellant,, arrogantly showed signs, that he was not ready to let her go. On this evidence, the two lower courts had no alternative, except to hand out the judgment it djde Similarly there is nothing to make me think they were wrong. The appeal is dismissed with costs. KWANZA HIGH COURT H.W. KATITI 2ND ItJGUST, 1976, J1JDG