19801023 TZHC Musoma1
Refund of bride price is not permitted under customary law when wife dies in childbirth; appellant's claim is dismissed as inhuman and unfounded.
Source-derived case information.
- Citation
- 19801023 TZHC Musoma1
- Parties
- Appellant: Migibe Simingo; Respondent: Respondent's father-in-law
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 23 October 1980
- Procedural Posture
- Civil Appeal / Final Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Bride Price, Refund of Bride Price, Death in Childbirth
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Migibe Simingo
Appellant
Respondent's father-in-law
Respondent
Procedural Posture
Civil Appeal / Final Judgment
Legal Issues
- 1 Whether the appellant is entitled to a refund of bride price under Kuria Customary Law when the wife dies in childbirth
Ratio Decidendi
Refund of bride price is not permitted under customary law when wife dies in childbirth; appellant's claim is dismissed as inhuman and unfounded.
Court Disposition
appeal dismissed
Orders
- Appellant to pay respondent's costs throughout
Full Case Text
Judgment text and source record
1 paragraphs
\ Pt Q-ES- IN THE HIGH COURT OP TANZANIA ATJSOMa • LPPEMiTB JURISDICTION •-' • (pa) CIVIL APPEAL NO.. 48 OP 1979 AR (Prom the decision of the District Court of Sereigoti a t Mugunu in--8vi1 Appeal No. 9 of 1979 - Before:. R. I. LUkUUO, Esq,, District Magistrate ary Court Civil Case No.144 of 1978) and Original Mugumu PrIm MiGIB..E SIMiNGO : : : : : : : : : : : : : : : : : : : : ::::::: ::.: :.: : : : : : : :: : : : : : : :: APPELLANT VERSUS - 0000 J.0 D G B M B N T "V MP.LII. J.: The appellant MaGIEAE Sfl1°IG0 married the respondent's daughter and paid 28 heads of cattle a bride price. Unfortunately afte a short time no less thana year the daughter died in child—birth. Upon his wife's death he filed a suit in the Primary Court at Mugumu against his father- in—law the respondent claiming refund of part of bride price i.e., 21 heads of cattle. He based his claim on Kuria Customary Law to the effect that if a wife dies childless, tile husband is entitled to be refunded a portion of the bridO price he paid ior her.. The rimary Court on a rnajority vote (the Magistrate dissented) went along r1h this argument and awarded the appellant 10 heads of cattle. igaint this decision the respondent appealed to the District Court succes'a1ly arguing that as his daughter had died in the appellant's hands in child—birth, no àrt of bride price is refundable. In allowing the appeal the District Magistrate relied on Rule '80A of the la, of peisons. The appellant appealed against this decision, this time without sharec alleging that the respondent's daughter died of an unknown disease which she had from her home when Jae married her, as to the pregnancy he said again without shame but propelled by greed for cattle that the pregnancy was not his. The appellant cannot. be a decent human being. His poor wife died whi3e tryingto give him a child, a grave' risk which every woman bears when pregnant, instead of being grateful, he is abusing her memory - and all this for cattle! I do not intend to take up any more time on this crazy and in—human claim. The appeal is dismissed with an order that the appellant should pay the respondent's costs all the way up. •, \ V -. MUsOM- • •. , I • 1. MFALILA 2RD OCTOBER,.19800 • JUDGE__ 5, - •J• -• S 5V5 • •• • S V • • -- S. -• • - -S •V