19710303 TZHC Mwanza

Pilista was divorced from the respondent in 1965 and became the appellant's wife thereafter; the respondent's elopement constituted adultery, entitling the appellant to compensation.

Citation: 19710303 TZHC Mwanza
Parties: Appellant: Tadith Okoth; Respondent: Silianus Kerani
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 3 March 1971
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Adultery, Compensation, Marriage, Divorce
Source Language: English

Family Law Tort Law Adultery Compensation Marriage Divorce

Case Brief

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Parties

Tadith Okoth

Appellant

Silianus Kerani

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether Pilista was legally married to the appellant at the time of alleged adultery
2 Whether the respondent committed adultery with the appellant's wife

Ratio Decidendi

Pilista was divorced from the respondent in 1965 and became the appellant's wife thereafter; the respondent's elopement constituted adultery, entitling the appellant to compensation.

Court Disposition

appeal allowed

Orders

District Court decision set aside
Primary Court decision restored