19800619 TZHC Musoma
The courts below properly considered the matrimonial life and correctly disallowed refund of 3 head of cattle and 7 goats; appellant's insistence on refunding nothing is unreasonable.
Source-derived case information.
- Citation
- 19800619 TZHC Musoma
- Parties
- Appellant: Nyachompali Ireroto; Respondent: Kibwtesi Rugeshi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 19 June 1980
- Procedural Posture
- Civil Appeal / Final Appellate Judgment
- Outcome
- appeal dismissed with costs
- Legal Topics
- Matrimonial Property, Refund of Bride Price
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nyachompali Ireroto
Appellant
Kibwtesi Rugeshi
Respondent
Procedural Posture
Civil Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the appellant is liable to refund cattle and goats after matrimonial dissolution
Ratio Decidendi
The courts below properly considered the matrimonial life and correctly disallowed refund of 3 head of cattle and 7 goats; appellant's insistence on refunding nothing is unreasonable.
Court Disposition
appeal dismissed with costs
Orders
- Appeal dismissed
- Appellant to pay costs
Full Case Text
Judgment text and source record
1 paragraphs
c14 CA 2f - IN THE HIGH COURT OF TANZANIA AT MUSOML APPELLATE J1JRISDCTION (Mwanza Registry) (PC) CIVIL APPEAL NO. 240 OF 1979 (Fi'om thedecision of the District Court of Serengetiat Muumu in Civil Appeal No. 19 of 1977 Before: R.I. Lukume, Esq., - District Magistrate and Original Ikizu Primary Court Civil - Case No. 16 of 1977) NYACHOMP..LI IREROTO : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : APPELLANT VERSUS KIBWTE.SI RUGESHi\. : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : R'SSPONDENT 0000 JUDGMENT MUNYERA., J.: The appellant's daughter and the respondent were divor5.. after 8 years matrimonial life and getting 2 children. Subsequent to the divorce the respondent sued for, refund of 23 head of cattle and seven goats. The trial Court disallowed 3 head and 7 goats for mitrimonial life and ordered the appellant to refund only 20 head. The appellant was not sfied and appealed to the District Courtof Mugumu. His n.ral was dismissed. He appealed to this Court. .apoellant's complaint is that' the Courts below did not Tt:i2onial life between his daughter and the Sut in reading the records of both courts this i.e n i.ced and 3 head out of 23 and 7 goats were disalLowcd mll 't's insist&nce to refund nothing is '- unreasonable. I dis.eie ho c.ppeal with costs. C IO SOM - F. .11,4'B*~JNYERA 19TH JUNE, 1980. ' .. :' JUDGE ( A . 1.1 ' \\