19770816 TZHC Musoma
The evidence, including witness testimony and a letter from the appellant, clearly established that the appellant eloped with and lived with the respondent's wife, justifying the award of compensation for adultery.
Source-derived case information.
- Citation
- 19770816 TZHC Musoma
- Parties
- Appellant: Mthayo s/o Ajonga; Respondent: Unnamed respondent (husband of the woman)
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 August 1977
- Procedural Posture
- Civil Appeal / Final Appellate Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Adultery, Compensation for Adultery, Appeals, Evidence Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mthayo s/o Ajonga
Appellant
Unnamed respondent (husband of the woman)
Respondent
Procedural Posture
Civil Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the appellant committed adultery with the respondent's wife
- 2 Whether the evidence supports the finding of adultery and liability for compensation
Ratio Decidendi
The evidence, including witness testimony and a letter from the appellant, clearly established that the appellant eloped with and lived with the respondent's wife, justifying the award of compensation for adultery.
Court Disposition
appeal dismissed
Orders
- Appellant to pay costs to the respondent
Full Case Text
Judgment text and source record
1 paragraphs
sc: i In CUT J jiLij (In the District Registry) AT MWANZi•. (PC) CIVIL ]iPPEL NO0 298 OF 1975 (From the decision of the district court of NUSONA at MUSOMI in Civil Jkppeel No0 57 of 1975 Before J.L. MBONEKO Esg., DISTRICT MAGISTRJ•TE (Original Kukirang(, Primary Court Civil Case No. 92 of 1974) MhTHAYOs/o AJONGA ............................................ APPELL1NT versus -OoO--. JUDGMENT MFALILA, J. In the Primary Court at Kukirango the respcndent sued the appellant to recover 4 head of cattle as compensation for adultery. He said that the appellant had run away with his wife to Same and continued living with her at Same until he was finally traced. The respondent produced two wIt- nesses at the trial who supp-rted his claim and how they traced the appeJ lant at Same living with the respondent's wife. In the Primary Court as well as in all subsequent proceedings the appel lant denied these allegations saying that at no time did he live with the respondent's wife. But as the evidence in support of the claim was so clear the primary Court allowed the claim as filed. The appellant appealed to the District Court protesting his innocence but again on the evidence the District Court dismissed his prrtostetions. This is a further appeal. Like the Primary Court and the district Court I am also of the view that the appellant's protestations of innocence have no basis for there was more than enough evidence showing that he eloped to Same with the respondent's wife and lived with her there until traced. In fact the respondent stated at the hearing of this appeal that the appellant is still living with his wife. In the Primary Court apart from •the evidence of the witnesses who traced the appellant at Same, a letter was produced written by the appellant which at least indicated that he was in love with the res- pondent's wife and that he wanted to marry her to regularise their relation- ship. This evidence was strong enough to support the respondent's allega- tions against him. For these reasons the findings mf the Primary Court as confirmed by the District Court to the effect that the appellant ran away with the respondent's wife and therefore must have committed adultery with her was fully supported by the evidence. Accordingly this appeal has no merit and it is dismissed with an order for costs in favour of the respondent. - I MUSOMAO L. NFALILA 16TH AUGUST, 1977. JUDGE