19761126 TZHC Mwanza

19761126 TZHC Mwanza

The appellant is liable to refund only the dowry items claimed and proved to have been received by him, not more.

Citation
19761126 TZHC Mwanza
Parties
Appellant: Kirigiti Widibura; Respondent: Matoma Swe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 November 1976
Procedural Posture
Civil Appeal / Second Appellate Court
Outcome
Appeal dismissed with variation
Legal Topics
Dowry Refund, Appeals, Evidence Assessment
Source Language
English
Civil Law Dowry Refund Appeals Evidence Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Kirigiti Widibura

Appellant

Matoma Swe

Respondent

Procedural Posture

Civil Appeal / Second Appellate Court

Legal Issues

  1. 1 Whether the appellant received and failed to refund dowry as claimed by the respondent
  2. 2 Whether the first appellate court erred in ordering refund of more cattle than claimed

Ratio Decidendi

The appellant is liable to refund only the dowry items claimed and proved to have been received by him, not more.

Court Disposition

Appeal dismissed with variation

Orders

  • Appellant to refund 24 heads of cattle, 7 goats, and Shs. 20/=
  • Costs awarded to respondent