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
Summary, issues, holding and outcome
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Parties
Peter Philip
Appellant
Abdallah Kihimbwa
Respondent
Procedural Posture
Civil Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether there was a valid marriage between Abdallah Kihimbwa and the appellant's daughter
- 2 Whether the appellant enticed the respondent's wife from the matrimonial home
- 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
Full Case Text
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