19981118 TZCA Mbeya
Refund of dowry is not permissible unless there is a divorce; since no divorce was granted, the claim is premature and without merit.
- Citation
- 19981118 TZCA Mbeya
- Parties
- Appellant: Mwakalonganya Mwakanyemba; Respondent: Mpwaka Mwalusamba
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 18 November 1998
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Dowry Refund, Divorce, Proper Party to Sue
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mwakalonganya Mwakanyemba
Appellant
Mpwaka Mwalusamba
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether dowry can be refunded in absence of divorce
- 2 Whether the respondent was the proper party to be sued
Ratio Decidendi
Refund of dowry is not permissible unless there is a divorce; since no divorce was granted, the claim is premature and without merit.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed with costs
Full Case Text
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