19791213 TZHC Musoma1

Since the respondent's daughter died while still the appellant's wife, no bride price is refundable under Rule 80A of the Declaration of Customary Law Rules 1963.

Citation: 19791213 TZHC Musoma1
Parties: Appellant: Mohere Nyomonge; Respondent: Lasere Choch
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 13 December 1979
Procedural Posture: Civil Appeal / Final Judgment
Outcome: appeal dismissed
Legal Topics: Bride Price, Refund of Bride Price, Marriage Dissolution, Customary Law Application
Source Language: English

Family Law Customary Law Bride Price Refund of Bride Price Marriage Dissolution Customary Law Application

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Parties

Mohere Nyomonge

Appellant

Lasere Choch

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

1 Is the appellant entitled to a refund of bride price upon the death of his wife under Kuria Customary Law?
2 Does the fact that the respondent took away his daughter affect the appellant's entitlement to refund?

Ratio Decidendi

Since the respondent's daughter died while still the appellant's wife, no bride price is refundable under Rule 80A of the Declaration of Customary Law Rules 1963.

Court Disposition

appeal dismissed

Orders

appeal dismissed with costs