19751006 TZHC Mwanza

The person liable to return the bride price is the person who received it, not the beneficiary. The appellant did not receive the dowry; therefore, his property cannot be attached for the refund.

Citation: 19751006 TZHC Mwanza
Parties: Appellant: Isoint Mitzara; Respondent: Joseph Naminlgth
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 6 October 1975
Procedural Posture: Civil Appeal / Final Appellate Judgment
Outcome: appeal allowed
Legal Topics: Dowry Refund, Liability for Bride Price, Customary Inheritance
Source Language: English

Family Law Customary Law Dowry Refund Liability for Bride Price Customary Inheritance

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Parties

Isoint Mitzara

Appellant

Joseph Naminlgth

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

1 Who is liable to refund the bride price upon divorce under local custom and law?
2 Whether the appellant's property could be attached to satisfy the judgment debt for dowry refund

Ratio Decidendi

The person liable to return the bride price is the person who received it, not the beneficiary. The appellant did not receive the dowry; therefore, his property cannot be attached for the refund.

Court Disposition

appeal allowed

Orders

Judgments and orders of both lower courts set aside.
Appellant to be given back twenty-five head of cattle, seventeen goats, and Shs. 130/=.