19761108 TZHC Musoma
Courts cannot determine the amount of bride price payable under customary law; such matters must be settled by negotiation and agreement between the parties, and the lower courts erred in awarding a specific amount without evidence or agreement.
Source-derived case information.
- Citation
- 19761108 TZHC Musoma
- Parties
- Appellant: Jackson Johna; Respondent: Mejceroogolo
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 8 November 1976
- Procedural Posture
- Civil Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Bride Price, Customary Marriage, Jurisdiction of Courts
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Johna
Appellant
Mejceroogolo
Respondent
Procedural Posture
Civil Appeal / Second Appeal
Legal Issues
- 1 Whether courts have authority to determine the amount of bride price payable under customary law
- 2 Whether the lower courts erred in awarding a specific amount of bride price without evidence or agreement
Ratio Decidendi
Courts cannot determine the amount of bride price payable under customary law; such matters must be settled by negotiation and agreement between the parties, and the lower courts erred in awarding a specific amount without evidence or agreement.
Court Disposition
appeal allowed
Orders
- Orders of the lower courts set aside
- Amount of bride price to be determined by negotiation and agreement between the parties
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