19821019 TZHC Mbeya

19821019 TZHC Mbeya

The appellant's claim for retention of part of the dowry is not legally tenable and was properly dismissed by the trial court; the partial allowance by the first appellate court stands as the respondent did not cross-appeal.

Citation
19821019 TZHC Mbeya
Parties
Appellant: Mbabile s/o Pamlkunge; Respondent: Edward s/o
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 October 1982
Procedural Posture
Civil Appeal / Second Appeal From District Court Decision
Outcome
Appeal dismissed with costs
Legal Topics
Dowry Refund, Divorce, Restitution
Source Language
English
Family Law Dowry Refund Divorce Restitution

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 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Mbabile s/o Pamlkunge

Appellant

Edward s/o

Respondent

Procedural Posture

Civil Appeal / Second Appeal From District Court Decision

Legal Issues

  1. 1 Whether the appellant is entitled to retain part of the dowry after divorce and childlessness
  2. 2 Whether the claim for rebate was res judicata

Ratio Decidendi

The appellant's claim for retention of part of the dowry is not legally tenable and was properly dismissed by the trial court; the partial allowance by the first appellate court stands as the respondent did not cross-appeal.

Court Disposition

Appeal dismissed with costs

Orders

  • Judgment to be certified to the District Court of Rungwe at Tukuyu and read to the parties