19731227 TZHC Mwanza

19731227 TZHC Mwanza

Where the respondent's son was found to be the guilty spouse in the divorce, only half the dowry (20 head of cattle) is returnable, not the full amount claimed by the respondent.

Source-derived case information.

Citation
19731227 TZHC Mwanza
Parties
Appellant: Motatiro Mtiko; Respondent: Rahabu Gati
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 December 1973
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
Appeal allowed with costs
Legal Topics
Dowry Return, Divorce, Appeal Procedure
Source Language
english
Family Law Civil Procedure Dowry Return Divorce Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Motatiro Mtiko

Appellant

Rahabu Gati

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the full dowry is returnable upon divorce when the respondent's son was found to be the guilty spouse
  2. 2 Whether the district court erred in its finding regarding the guilty party in the marriage breakdown

Ratio Decidendi

Where the respondent's son was found to be the guilty spouse in the divorce, only half the dowry (20 head of cattle) is returnable, not the full amount claimed by the respondent.

Court Disposition

Appeal allowed with costs

Orders

  • Order of the primary court is substituted to direct return of only 20 head of cattle to the respondent