19801021 TZHC Musoma1
Once the appellant admitted the claim in full, the court was not required to inquire into the duration of marriage or the party at fault; judgment on admission is conclusive.
Source-derived case information.
- Citation
- 19801021 TZHC Musoma1
- Parties
- Appellant: Odige Owiti; Respondent: Mabwa Maswe
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 21 October 1980
- Procedural Posture
- Civil Appeal / Final Appellate Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Refund of Bride Price, Judgment on Admission, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Odige Owiti
Appellant
Mabwa Maswe
Respondent
Procedural Posture
Civil Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the Primary Court erred in ordering refund of bride price without considering duration of marriage
- 2 Whether judgment on admission precludes further inquiry into merits
Ratio Decidendi
Once the appellant admitted the claim in full, the court was not required to inquire into the duration of marriage or the party at fault; judgment on admission is conclusive.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed
- No order as to costs
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OP ThNZANL AT LDSOMA APPELTE JURISDICTION (o) CIVIL APPEA1 NO 43 OF 1979 (Prom the decision of the District Court 6.f Tarime District at Tarime in Civil Appeal No 0 57 of 1978 Beforel E Mu -baki, Esq' District gistrate andriginal Nyaburongo Pimarr Court Civil Case To 43/1978) ODIGE OWITI APPELlANT VERSUS ENT MABWA MASWE ;:s::::3::t::::::::*:::: :.:::::::::::::::::::: R3SPOND J U D G- E MFJLLII In the Primary Court at Nyaburongo Tarime District the respondent sued the eeppellant claiming refund of bride price amounting to 18 heads of cattle The respondent filed this claim of refund following the dissolution of his marriage to the appellant's daughter The Primary Court record shows clearly that the appellant admitted in full the claim against him and indeed the time within which this claim was to be met was set by the Court0 For one reason or another he decided to appeal to the District Court against the decision of the Primary Court saying that the decision of that Court was unfair because it did not take into account LM the period the marriage subsisted The Distrit Court dismised the appeal on the basis that at that stage the appellant could net be allowed:td. dispute the correctness of the Primary Court record which showed that judgement was entered on admission This is a further appeal I am of thesame view as the District Couro t- 1 Upon his admitting the claim in full as claimed, the appellant could not expect the Primary Court to proceed and enquire as to who was the guilty party in the breakdown of the marriage and also the time the marriage had subsisted with a vieW to determining how much should be refunded. This would haVe a waste of time as the claim had been admitted in full. For these reasons this appeal has no norit and it is dismissed4 Indeed this is why I decided to determine the appeal in the appe1lants absence becauEe the appeal ysso . deroid of merit Since the appellant was absent there will be no ad for cost \t LSOM1 MFALI 21ST 00 TORJ98O JUDGE / •). (.