19741005 TZHC Mwanza
The claim for refund of bride price cannot succeed without evidence of dissolution of marriage; as there was no such evidence, the lower courts' orders were set aside.
Source-derived case information.
- Citation
- 19741005 TZHC Mwanza
- Parties
- Appellant: MUKIRYA NYAMIBURA; Respondent: RUBARE MARABE
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 5 October 1974
- Procedural Posture
- Civil Appeal / Final Appellate Judgment
- Outcome
- appeal allowed
- Legal Topics
- Bride Price, Refund of Bride Price, Dissolution of Marriage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MUKIRYA NYAMIBURA
Appellant
RUBARE MARABE
Respondent
Procedural Posture
Civil Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the respondent is entitled to a refund of bride price in the absence of dissolution of marriage
- 2 Whether the lower courts erred in granting the refund
Ratio Decidendi
The claim for refund of bride price cannot succeed without evidence of dissolution of marriage; as there was no such evidence, the lower courts' orders were set aside.
Court Disposition
appeal allowed
Orders
- Judgments and orders of both lower courts are set aside.
- Any cattle seized from the appellant and given to the respondent should be returned to the appellant.
Full Case Text
Judgment text and source record
1 paragraphs
Iii TilE 11G1 C3UiR OF TtNZLNIA AT M'JhNZA (PC) CIVIL APPEAL N. 90 OF 1970 (From the decision of thel District Court of Musoma at Musoma in Civil Appeal No0 65 of 4272) MUKIRYA NYAMI3URA 000000 0000000000000000 APPELLANT verstis RUBAREMARABE 000000000000000fl00000000000 RESPONDENT MFALILA, J.: The respo ent's claim for the refund of bride price consisting of 21 cows, 2 goats, two hoes and cash Shs. 64/ was incompetent ab initio. cannot understand how the Primary Court and the appellate Dist ct Court could have allowed the respondents claim against t appellant0 Therespondent did not say why he was claiming the fund of the bride price, he did not say so both in the written c im and in his evidence in Court0 People do not simply wake up ne morning and start claiming the refund of bride price0 Brid price is only refundable after dissolu- tion of the marriae in ques on, and even then the whole bride price is not automatically refunda e, the claim can be refused or reduced depending on the surrounding ircumstances0 In the case before me, there is absolutely no evide e that the marriage between the respon- dent and the appellant's dau ter has been dissolved or even in the process of being dissolved0 n the circumstances there was no basis for making an order of refun agins.t the appellant. In fact all the evidence points the othe way, that is the respondent wants his wife back0 This is what he id this Court at the hearing of the appeal. For these reasons even the respondent had wanted to prove his claim in this Court, it s no substance. This appeal therefore succeeds, the judgments and ders of both the lower Courts are set aside. If any cattle were s zed from the appellant and given to the respondent, these should now e returned to him the appellant. Jjk'\.L NWANZA L. MFALILA 5th October, 1974. JUDGEÔ / m s k.