19770511 TZHC Mwanza
The suit for compensation for the period lived together as husband and wife is not maintainable under the Law of Marriage Act, 1971 or customary law; therefore, the district court erred in allowing the respondent's claim.
- Citation
- 19770511 TZHC Mwanza
- Parties
- Appellant: LR'i KiiTi; Respondent: [Name not provided]
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 11 May 1977
- Procedural Posture
- Civil Appeal / Second Appeal (high Court)
- Outcome
- appeal allowed
- Legal Topics
- Compensation for Cohabitation, Bride Price, Marriage Dissolution, Maintenance
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
LR'i KiiTi
Appellant
[Name not provided]
Respondent
Procedural Posture
Civil Appeal / Second Appeal (high Court)
Legal Issues
- 1 Whether compensation is payable for the period lived together as husband and wife under customary law or the Law of Marriage Act, 1971
- 2 Whether the suit for compensation was maintainable
- 3 Status of marriage and entitlement to maintenance or refund of bride price
Ratio Decidendi
The suit for compensation for the period lived together as husband and wife is not maintainable under the Law of Marriage Act, 1971 or customary law; therefore, the district court erred in allowing the respondent's claim.
Court Disposition
appeal allowed
Orders
- Order of the district court set aside
Full Case Text
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