19700310 TZHC Mwanza

19700310 TZHC Mwanza

Services and payments made by the prospective husband are regarded as presents and not refundable dowry under Muslim law; even if considered dowry, refund is not enforceable by suit but subject to negotiation.

Citation
19700310 TZHC Mwanza
Parties
Appellant: Paul; Respondent: Ramadhani Kulunga Mlsngo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 March 1970
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Dowry, Muslim Law, Refund of Dowry, Marriage Gifts
Source Language
English

Case Brief

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Parties

Paul

Appellant

Ramadhani Kulunga Mlsngo

Respondent

Procedural Posture

Civil Appeal / Final Judgment

  1. 1 Whether services rendered and money paid by the prospective husband constitute dowry under Muslim law and are refundable upon his death

Ratio Decidendi

Services and payments made by the prospective husband are regarded as presents and not refundable dowry under Muslim law; even if considered dowry, refund is not enforceable by suit but subject to negotiation.

Court Disposition

appeal dismissed

Orders

  • respondent awarded costs in this Court and in the courts below