19790905 TZHC Mbeya

19790905 TZHC Mbeya

The appellant's prior marriage to the woman did not preclude liability for adultery after dissolution; the evidence supported the finding of adultery and the quantum of damages was fair and just under established principles.

Citation
19790905 TZHC Mbeya
Parties
Appellant: Neji Mwalugala; Respondent: Ndeshe Hota
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 September 1979
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Adultery, Damages, Marital Rights
Source Language
English

Case Brief

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Parties

Neji Mwalugala

Appellant

Ndeshe Hota

Respondent

Procedural Posture

Civil Appeal / Second Appeal

  1. 1 Whether the appellant committed adultery with the respondent's wife
  2. 2 Whether the appellant's prior marriage to the woman negates liability for adultery
  3. 3 Whether the quantum of damages awarded was appropriate

Ratio Decidendi

The appellant's prior marriage to the woman did not preclude liability for adultery after dissolution; the evidence supported the finding of adultery and the quantum of damages was fair and just under established principles.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with the usual consequences.