20050906 TZCA Mwanza

Where the wife is the sole causer of the breakdown of marriage and has borne no children, the husband is entitled to a full refund of dowry under customary law.

Citation: 20050906 TZCA Mwanza
Parties: Appellant: Samson Muganda; Respondent: Godfrey Maiga Majura
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 6 September 2005
Procedural Posture: Civil Appeal / Second Appellate Court (high Court)
Outcome: appeal allowed
Legal Topics: Dowry Refund, Divorce, Customary Marriage, Appellate Review
Source Language: English

Family Law Customary Law Dowry Refund Divorce Customary Marriage Appellate Review

Case Brief

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Parties

Samson Muganda

Appellant

Godfrey Maiga Majura

Respondent

Procedural Posture

Civil Appeal / Second Appellate Court (high Court)

Legal Issues

1 Whether the appellant is entitled to a full refund of dowry after divorce where the wife was the sole causer of the breakdown and bore no children.

Ratio Decidendi

Where the wife is the sole causer of the breakdown of marriage and has borne no children, the husband is entitled to a full refund of dowry under customary law.

Court Disposition

appeal allowed

Orders

Judgment of the primary court restored.
Respondent to return twelve cattle to the appellant.