19920928 TZHC Tabora

19920928 TZHC Tabora

The appellant's abandonment of his wife and child at the respondent's house was established as a fact by both lower courts, justifying a cause of action for refund of maintenance expenses under customary law. However, the quantum awarded was not strictly proved and must be reduced to a nominal amount.

Citation
19920928 TZHC Tabora
Parties
Appellant: Ramadhani s/o Buhombo; Respondent: Inamu s/o Jilala
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 September 1992
Procedural Posture
Civil Appeal / Judgment on Second Appeal
Outcome
Appeal partly allowed
Legal Topics
Maintenance, Refund of Maintenance Expenses, Quantum of Damages
Source Language
English
Family Law Customary Law Maintenance Refund of Maintenance Expenses Quantum of Damages

Case Brief

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Parties

Ramadhani s/o Buhombo

Appellant

Inamu s/o Jilala

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the appellant is liable to refund maintenance expenses incurred by the respondent for the appellant's wife and child
  2. 2 Whether the quantum of the award was properly determined

Ratio Decidendi

The appellant's abandonment of his wife and child at the respondent's house was established as a fact by both lower courts, justifying a cause of action for refund of maintenance expenses under customary law. However, the quantum awarded was not strictly proved and must be reduced to a nominal amount.

Court Disposition

Appeal partly allowed

Orders

  • Quantum of award reduced to Shs 30,000/=