nason chideje vs saibogi moses 2017 tzhc 2151 23 may 2017
The appellant failed to prove that the respondent committed adultery while the wife was living with him; evidence showed the wife was living with her parents due to appellant's desertion, negating the claim for compensation.
- Citation
- nason chideje vs saibogi moses 2017 tzhc 2151 23 may 2017
- Parties
- Appellant: Nason Chideje; Respondent: Saibogi Moses
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 23 May 2017
- Procedural Posture
- Civil Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Adultery, Compensation, Marital Desertion
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Nason Chideje
Appellant
Saibogi Moses
Respondent
Procedural Posture
Civil Appeal / Second Appeal
Legal Issues
- 1 Whether the respondent committed adultery with the appellant's wife
- 2 Whether the appellant is entitled to compensation for adultery
Ratio Decidendi
The appellant failed to prove that the respondent committed adultery while the wife was living with him; evidence showed the wife was living with her parents due to appellant's desertion, negating the claim for compensation.
Court Disposition
appeal dismissed
Orders
- appeal dismissed with costs
Full Case Text
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