jenita hussein hinyura another vs steven kalenge lubezagi 2022 tzhc 12642 19 august 2022

jenita hussein hinyura another vs steven kalenge lubezagi 2022 tzhc 12642 19 august 2022

Only the third party to the marriage (2nd appellant) is liable for damages for adultery under section 72(1) of the Law of Marriage Act; the trial court erred in awarding damages against the spouse (1st appellant). Damages for adultery are compensatory and should be assessed as general damages, not specific damages, and must be reasonable given the circumstances.

Citation
jenita hussein hinyura another vs steven kalenge lubezagi 2022 tzhc 12642 19 august 2022
Parties
1st Appellant: Jenita d/o Hussein Hinyura; 2nd Appellant: Marko s/o Mpolenkile; Respondent: Steven s/o Kalenge Lubezagi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 August 2022
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal by 1st appellant allowed; appeal by 2nd appellant dismissed.
Legal Topics
Adultery, Damages, Marriage, Civil Procedure
Source Language
English
Family Law Tort Law Adultery Damages Marriage Civil Procedure

Case Brief

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Parties

Jenita d/o Hussein Hinyura

1st Appellant

Marko s/o Mpolenkile

2nd Appellant

Steven s/o Kalenge Lubezagi

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in finding the appellants liable for adultery
  2. 2 Whether damages were properly awarded against both appellants
  3. 3 Whether the quantum of damages was appropriate

Ratio Decidendi

Only the third party to the marriage (2nd appellant) is liable for damages for adultery under section 72(1) of the Law of Marriage Act; the trial court erred in awarding damages against the spouse (1st appellant). Damages for adultery are compensatory and should be assessed as general damages, not specific damages, and must be reasonable given the circumstances.

Court Disposition

Appeal by 1st appellant allowed; appeal by 2nd appellant dismissed.

Orders

  • Judgment against 1st appellant quashed and decree set aside.
  • 2nd appellant to pay respondent general damages of Tshs 10,000,000.