19940412 TZHC Dar es Salaam

19940412 TZHC Dar es Salaam

The appellant's claim for damages is not defeated by failure to call his wife as a witness, as sufficient evidence was provided by other witnesses. The District Court's decision is set aside and the Primary Court's award of damages is restored.

Citation
19940412 TZHC Dar es Salaam
Parties
Appellant: OJI.ARI; Respondent: JUNA MOHANED
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 April 1994
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
Adultery, Damages, Evidence
Source Language
English
Family Law Tort Law Adultery Damages Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

OJI.ARI

Appellant

JUNA MOHANED

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the appellant is entitled to damages for adultery committed by the respondent with his wife
  2. 2 Whether the failure to call the adulterous wife as a witness defeats the appellant's claim

Ratio Decidendi

The appellant's claim for damages is not defeated by failure to call his wife as a witness, as sufficient evidence was provided by other witnesses. The District Court's decision is set aside and the Primary Court's award of damages is restored.

Court Disposition

appeal allowed

Orders

  • District Court decision set aside
  • Primary Court decision restored