19850503 TZHC Mbeya

The appellate court erred in increasing the damages awarded by the trial court without a counter appeal by the respondent; the original award should stand.

Citation: 19850503 TZHC Mbeya
Parties: Appellant: Mastefa Kapti; Respondent: Ryoeon Nzowa
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 3 May 1985
Procedural Posture: Civil Appeal / Second Appeal
Outcome: appeal partly allowed
Legal Topics: Adultery, Damages, Appeals Procedure
Source Language: English

Civil Law Family Law Adultery Damages Appeals Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mastefa Kapti

Appellant

Ryoeon Nzowa

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

1 Whether the appellate court erred in enhancing the damages awarded without a counter appeal by the respondent
2 Whether the evidence established adultery justifying damages

Ratio Decidendi

The appellate court erred in increasing the damages awarded by the trial court without a counter appeal by the respondent; the original award should stand.

Court Disposition

appeal partly allowed

Orders

Order of enhanced damages by appellate court set aside
Trial court's award of shs.800/= in damages restored