jackson mtapila vs peter aloyce 2011 tzhc 2093 6 december 2011

The respondent failed to prove the allegations of adultery against the appellant by either direct or circumstantial evidence as required by law. The evidence was insufficient and uncorroborated.

Citation: jackson mtapila vs peter aloyce 2011 tzhc 2093 6 december 2011
Parties: Appellant: Jackson Mtapila; Respondent: Peter Aloyce
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 6 December 2011
Procedural Posture: Civil Appeal / Second Appeal (high Court) From District Court Decision
Outcome: Appeal allowed with costs
Legal Topics: Adultery, Damages, Standard of Proof, Evidentiary Requirements
Source Language: English

Family Law Tort Law Adultery Damages Standard of Proof Evidentiary Requirements

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Parties

Jackson Mtapila

Appellant

Peter Aloyce

Respondent

Procedural Posture

Civil Appeal / Second Appeal (high Court) From District Court Decision

Legal Issues

1 Whether there was sufficient evidence to prove adultery against the appellant
2 Whether the failure to record the evidence of the respondent's wife was an error

Ratio Decidendi

The respondent failed to prove the allegations of adultery against the appellant by either direct or circumstantial evidence as required by law. The evidence was insufficient and uncorroborated.

Court Disposition

Appeal allowed with costs

Orders

Judgment be typed and supplied to the respondent