19930527 TZHC Dodoma

The appellant failed to prove the woman was his wife or that the respondent knew or ought to have known she was married; therefore, the respondent is not liable for damages for adultery.

Citation: 19930527 TZHC Dodoma
Parties: Appellant: Simon Chinenje; Respondent: Alexander Ndamni
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 27 May 1993
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Adultery, Damages, Burden of Proof
Source Language: English

Civil Law Family Law Tort Adultery Damages Burden of Proof

Case Brief

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Parties

Simon Chinenje

Appellant

Alexander Ndamni

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the respondent is liable for damages for adultery without knowledge that the woman was married
2 Whether the plaintiff proved the woman was his wife and that the respondent knew or ought to have known

Ratio Decidendi

The appellant failed to prove the woman was his wife or that the respondent knew or ought to have known she was married; therefore, the respondent is not liable for damages for adultery.

Court Disposition

appeal dismissed

Orders

Appeal dismissed with costs