19820216 TZCA Dar es Salaam2

I IN THE COURT OF i\PPEJ\L OF TANZANIA AT Dh~ E$ SALAAM (CORAl'1: Mustafa, Jol\.o t .Mwakasendo, J.Ao and Kisanc,za, ,3.oA.) CIVIL APPEAL NOo 2 OF 1981 BETWEEN // SEFU YUSUFU • • • o o .. • 0 () • • 0 '. • • • • • APPELLANT 1'. N D AZIZA JUMA. o e O O • • eoo • 0 O ••• e • e • • RESPONDENT (Appeal.from the Judgement of the High Court of Tanzania at Dar es Salaam (Mw~kibete, J.) dated 11th day of November, 1981, in 1 (PC) Civil AEpeal Noo 28 ,of 1980 ◄-.~ .,' !

JUDGEMENT OF THE COURT l,' MUS1'AFA, J.A.: At the trial in the Primsry Court; ·no evidence was adduced about the appellant's .2nd wife _and.:the 11 children born to her., This allegation_was o~ly made by the appellant's advocate.when . ,,· ... ~ ' the rnatL=?r was appealed to the High Court, by way of an addres.s ..._. ! and for an order for the case to be remitted to t~e Primary Court - for such additional evidencea In his appeal before us one of L t; , ·1 . I ' ~ ' ' '' the main grounds of complaint of the appellant is that no consideration was gi'ven to his 2nd· wife with whom he is living and the 11 childreno with this allegationo The respondent before us has disagreed We feel this is an important aspect in this case, and that evidence should be taken on it, especially as it was raised when the matter came before the High Court on first appealo . ~ We think the best course will,:be to remit the case to the Primary Court for retrinL '.£he:· Primary Court, should in particular receive evidence, if any, as to the existence of the 2nd wife and the issue of th~ 1'1 children,· the date of the marriage between the,_ appellant and the second _wife and also the separate valuatidn · lb"t the two houses at Somali Street and at Kigogo area~ I 2 Of course other relevant evidence in respect of the matter should also be received, and an apportionment,made between the parties, taking into consideration all relevant factors. We order accordinglyo The costs thrown away to be costs .in the causeo DATED at DAR ES SALl~AM this 16th day of February, 1982. U~o tl/USTAFA) ~

JUSTICE OF APPEAL (Yo Mo Mo MW/\K,\SENDO') JUSTICE .QF ,\PPEAL , '' . (Ro Eo i<IS,\NGA) ,, JUSTICE OF APPEAL ,,• ,,• .I 1.: I ·certify' that this is a true, copy of the original. 1 I .. · -.~ ~\ l ,;, jJ ' • ii'' i J, . t ·• . 'i ~ ,r ' i-~ ~ - ' --- /