19761102 TZHC Musoma

19761102 TZHC Musoma

Appellant's liability for adultery should be determined by whether he honestly believed the woman was unmarried, given the full refund of bride price and parental assurance.

Citation
19761102 TZHC Musoma
Parties
Appellant: NNIKO WLDIBURY; Respondent: NLFTLLI WJJMU1-Ui
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 November 1976
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Marriage Dissolution, Adultery, Bride Price
Source Language
English

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Parties

NNIKO WLDIBURY

Appellant

NLFTLLI WJJMU1-Ui

Respondent

Procedural Posture

Civil Appeal / Judgment

  1. 1 Whether refund of bride price dissolves a marriage under customary law
  2. 2 Whether appellant is liable for adultery based on his belief about the woman's marital status

Ratio Decidendi

Appellant's liability for adultery should be determined by whether he honestly believed the woman was unmarried, given the full refund of bride price and parental assurance.

Court Disposition

appeal allowed

Orders

  • Appellant not liable for adultery under the circumstances