Tanzania Judgment

TZHC

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Professional case brief

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Source document

01

Holding and result

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/-

02

Material facts

Parties

MOHAMED S/O ROMAYI

Appellant/plaintiff

MWANAHAMISI D/O SAIDI

Respondent/defendant

Amounts and remedies

  • Value of Household Effects Awarded: TZS 393.25
  • Costs Awarded: TZS 60

03

Procedural history

  1. Posture

    Civil Appeal / Second Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellant denied that any of the household items claimed by the respondent were received into the household and challenged the trial court's decision to order their return or payment of their value.
Respondent
The respondent argued that the items were given to her by her mother and relatives at the time of marriage according to Islamic Law, and that she was entitled to their return after the dissolution of marriage.

05

Court’s reasoning

  1. 01

    Islamic Law, as referenced in the judgment

    Under Islamic Law, items given to a bride by her relatives at marriage are her property and should be returned to her upon dissolution of marriage if not already taken by her.

06

Ratio, limits and disposition

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

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

Source and reliance status

TZHC · 1 January 1971

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Judgment text

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Source document

TZHC

Judgment· 1 January 1971

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IN THE HIGH COURT OF TANZANIA AT ARUSHA (PC) CIVIL APPEAL NO0 163 OF 1973 (From the decision of the District Court of HANAN 4 0 at BAI31;".TI in Civil Appeal No0 34 of 1973) MOHAMeD s/0 ROMAYI ----------------------- APPELLANVPLAINTIFF versus MWANAHAMISI S/0 3AID ----------------------- - RESPONDENT/DEFENDANT

JUDGMENT Jonathan, S. I see' no merit at' all in this second a ppeal brought by MOHAMED ROMAYI, In 1966 he mrried MWANAHANISI D/O SAIDI according to Islamic Law. In 1971 or thereabout the marriage was dissolved. MWANAHANISI then filed the 'present proceedings to get h r household effects returned to her. The trial court gave her judgement ordering MOHAMED to return the items she had listed 1 to the value of shs. 786/50. He unsuccessfully appealed to the District Court. However, the court reduced the award in that, in théeverit of the things not being made available to MWAHAHAMISI he should pay her only one baif of their value, namely, shs. 393/25. He now appeals to this court. There was considerable evidence that, upon WJANAHAMISI getting married to the appellant her mother and other relatives bought a great number of things and presented them to her, apparently to give her a start in her new home,. this according to Moslem Law. The marriage having.been dissolved she filed the proceedings to get those things returned to her. It would appear that according to Law she would be entitled to them if infect they had received them from her relatives and she had not taken them with her following the break—up Of the marriage. The appellant in his evidence flatly denied any of those things having been received into the household. He would call no evidence to bear out such denial. The trial court on the evidence before it had no difficulty in finding for the respondent. With this it is impossiele to disagree and in my view the present appeal ought not to h'ovt been brought. Accordingly, the appeal is dismissed with costs, which I fix at shs. 60/—. P.M.JONATHAN,

J U D G E PMJ/Umathi

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