19710728 TZHC Mwanza

The respondent, by his conduct and admission, was validly married to the appellant's daughter under customary law and is liable to pay the agreed bridewealth, less the amount already paid.

Citation: 19710728 TZHC Mwanza
Parties: Appellant: Nyamura; Respondent: Respondent (unnamed)
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 28 July 1971
Procedural Posture: Civil Appeal / Appeal From District Court to Higher Court
Outcome: appeal allowed; judgment of primary court restored
Legal Topics: Bridewealth, Customary Marriage, Marriage Validity, Payment of Brideprice
Source Language: English

Family Law Customary Law Bridewealth Customary Marriage Marriage Validity Payment of Brideprice

Case Brief

Summary, issues, holding and outcome

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Parties

Nyamura

Appellant

Respondent (unnamed)

Respondent

Procedural Posture

Civil Appeal / Appeal From District Court to Higher Court

Legal Issues

1 Whether the respondent was validly married to the appellant's daughter under customary law
2 Whether the respondent is liable to pay bridewealth (brideprice) to the appellant

Ratio Decidendi

The respondent, by his conduct and admission, was validly married to the appellant's daughter under customary law and is liable to pay the agreed bridewealth, less the amount already paid.

Court Disposition

appeal allowed; judgment of primary court restored

Orders

Respondent to pay balance of 23 heads of cattle as bridewealth to appellant
Appellant awarded costs fixed at Sh. 160