19770511 TZHC Mwanza

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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

LR'i KiiTi

Appellant

[Name not provided]

Respondent

Procedural Posture

Civil Appeal / Second Appeal (high Court)

  1. 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. 2 Whether the suit for compensation was maintainable
  3. 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