19710510 TZHC Mwanza2

19710510 TZHC Mwanza2

The appellant failed to substantiate allegations of adultery and was found largely to blame for the divorce; therefore, he is entitled only to a partial refund of 20 out of 38 heads of cattle paid as bride price.

Source-derived case information.

Citation
19710510 TZHC Mwanza2
Parties
Appellant: Mwinga Marwa; Respondent: Chacha Chasaya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 May 1971
Procedural Posture
Civil Appeal / Final Appellate Decision
Outcome
appeal dismissed
Legal Topics
Divorce, Matrimonial Property, Refund of Bride Price
Source Language
english
Family Law Divorce Matrimonial Property Refund of Bride Price

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mwinga Marwa

Appellant

Chacha Chasaya

Respondent

Procedural Posture

Civil Appeal / Final Appellate Decision

Legal Issues

  1. 1 Whether the appellant is entitled to a full refund of 38 heads of cattle as bride price upon divorce
  2. 2 Whether the appellant substantiated allegations of adultery against his ex-wife

Ratio Decidendi

The appellant failed to substantiate allegations of adultery and was found largely to blame for the divorce; therefore, he is entitled only to a partial refund of 20 out of 38 heads of cattle paid as bride price.

Court Disposition

appeal dismissed

Orders

  • No order as to costs
  • Appellant entitled to refund of 20 heads of cattle only