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
Case Brief
Summary, issues, holding and outcome
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Parties
NNIKO WLDIBURY
Appellant
NLFTLLI WJJMU1-Ui
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether refund of bride price dissolves a marriage under customary law
- 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
Full Case Text
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