19790115 TZHC Mbeya

19790115 TZHC Mbeya

Appellant failed to call witnesses even after being given opportunity; respondent's claim of long cohabitation is supported by documentary evidence and witness testimony; District Court's decision is preferred.

Citation
19790115 TZHC Mbeya
Parties
Appellant: John Jonasi; Respondent: Wile Makatonga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 January 1979
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Marriage Duration, Divorce Proceedings, Evidence in Appeal
Source Language
English
Family Law Marriage Duration Divorce Proceedings Evidence in Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

John Jonasi

Appellant

Wile Makatonga

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant cohabited with respondent's daughter for only one year before desertion
  2. 2 Whether appellant was denied opportunity to call witnesses in the original trial

Ratio Decidendi

Appellant failed to call witnesses even after being given opportunity; respondent's claim of long cohabitation is supported by documentary evidence and witness testimony; District Court's decision is preferred.

Court Disposition

appeal dismissed

Orders

  • appellant to pay costs