19891124 TZHC Dar es Salam

19891124 TZHC Dar es Salam

There was no evidence of a valid marriage or that the appellant enticed the respondent's wife; thus, damages could not be awarded.

Citation
19891124 TZHC Dar es Salam
Parties
Appellant: Peter Philip; Respondent: Abdallah Kihimbwa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 November 1989
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Marriage Validity, Damages for Enticement, Concubinage, Evidence Assessment
Source Language
English

Case Brief

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Parties

Peter Philip

Appellant

Abdallah Kihimbwa

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

  1. 1 Whether there was a valid marriage between Abdallah Kihimbwa and the appellant's daughter
  2. 2 Whether the appellant enticed the respondent's wife from the matrimonial home
  3. 3 Whether damages were properly awarded for enticement

Ratio Decidendi

There was no evidence of a valid marriage or that the appellant enticed the respondent's wife; thus, damages could not be awarded.

Court Disposition

appeal dismissed

Orders

  • Registrar to send judgment to District Court of Morogoro for delivery to parties