19710726 TZHC Mwanza

19710726 TZHC Mwanza

A refund of bridewealth cannot be claimed unless divorce has occurred; since the marriage is still subsisting, the claim fails.

Source-derived case information.

Citation
19710726 TZHC Mwanza
Parties
Appellant: Mara Gurieta; Respondent: Nigua Chitugu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 July 1971
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
Appeal dismissed
Legal Topics
Bridewealth, Divorce, Marriage Dissolution
Source Language
english
Family Law Customary Law Bridewealth Divorce Marriage Dissolution

Source-derived case record

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Parties

Mara Gurieta

Appellant

Nigua Chitugu

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

  1. 1 Whether the appellant is entitled to a refund of bridewealth when the marriage is still subsisting

Ratio Decidendi

A refund of bridewealth cannot be claimed unless divorce has occurred; since the marriage is still subsisting, the claim fails.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs