N

N

The trial court was correct in finding for the respondent based on the evidence that the items were given to her at marriage and not taken after dissolution, and the appellant failed to provide evidence to the contrary.

Citation
N
Parties
Appellant/plaintiff: MOHAMED S/O ROMAYI; Respondent/defendant: MWANAHAMISI D/O SAIDI
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1971
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Return of Property After Divorce, Islamic Marriage Dissolution, Burden of Proof
Source Language
English
Family Law Civil Procedure Return of Property After Divorce Islamic Marriage Dissolution Burden of Proof

Case Brief

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Parties

MOHAMED S/O ROMAYI

Appellant/plaintiff

MWANAHAMISI D/O SAIDI

Respondent/defendant

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the respondent is entitled to the return of household effects after dissolution of marriage
  2. 2 Whether the trial court erred in awarding the value of the items to the respondent

Ratio Decidendi

The trial court was correct in finding for the respondent based on the evidence that the items were given to her at marriage and not taken after dissolution, and the appellant failed to provide evidence to the contrary.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs fixed at shs. 60/-