Tanzania Judgment

TZHC

19761017 TZHC Arusha

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Source document

01

Holding and result

The respondent was entitled to khului divorce upon returning the Shs. 250 dowry, as the appellant's conduct justified dissolution of the marriage and his claim for a higher dowry payment was unfounded.

Court disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The respondent and appellant are no longer husband and wife.
  • The appellant should find use for the Shs. 250.

02

Material facts

Parties

Tifiluni Bafhiri

Appellant

Haji Hal Bdulph

Respondent

Amounts and remedies

  • Dowry Paid: Shs 250

03

Procedural history

  1. Posture

    Civil Appeal / Final Appellate Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellant argued that the respondent was not well-behaved, referencing her previous marriages, and insisted on being paid Shs. 600 for khului after having paid only Shs. 250 as dowry.
Respondent
The respondent claimed entitlement to khului divorce due to the appellant's repressive, jealous, and abusive conduct, including physical assault and denial of marital rights.

05

Court’s reasoning

  1. 01

    Islamic law as interpreted by the court

    A wife is entitled to khului divorce upon return of the dowry paid by the husband.

06

Ratio, limits and disposition

Ratio decidendi

The respondent was entitled to khului divorce upon returning the Shs. 250 dowry, as the appellant's conduct justified dissolution of the marriage and his claim for a higher dowry payment was unfounded.

Obiter and limits

  • Conservative attitudes like the appellant's hinder social progress and women's liberation.

Court disposition

appeal dismissed

  • The appeal is dismissed.
  • The respondent and appellant are no longer husband and wife.
  • The appellant should find use for the Shs. 250.

Source and reliance status

TZHC · 17 October 1976

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Judgment reading view

Judgment text

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Source document

TZHC

Judgment· 17 October 1976

19761017 TZHC Arusha

IN THE HIGH COJ:J (h Ti'NZJ;NIJ\ I. , PC0 CIVIL .PR:..L ifG. 77 OF 1971 (Fro the decision of th ])':ict Court of nwanza District at !iwanza in Civil p .1 ITo. 35 of 1970) ITFIU1LNI BJFHIRI LFFLL.NT Hi:' II! ,L BDPLLPH , . . HEPOITDil2 jic. i: i!akame, J. The appellant is a ccx e'rv tive person who was very jealous and repressive and sucpiviouo 'n : xuobenu lie relied on a nsrrce; interptetation of the Is:L.ic l.a to bs unduly restrictive to Ixis wife, the respondent, and wir toth'x extent of physically assaulting h3r, setting on tic' .. clothes, calling her ipeseible names and watching hr civ :r' .ov .a:nt. Thers was evidence - at he even denied ixer intimate 5u:riTel a rvicss. The appa liant had two :,.ri'v: e, th re spondant be ing tI_, j unior one 1 iccording to hi5n sh not wal1—b,haved and that was why sh had had two husbands betty... jm, It s'xifls to 11 ,j it was this knowledge of earlier 1arri;.e tat haunted the appellant and him unduly strict and unr' souble ho the rcsponth.nt. dntted1y the tric.1 Pi.55:i'y Court ii5gStTQt.: did not d the matter on a very ccur noteas xp ôted of a Court of Justice. Considaring' the drift sue, spirit of te whole trial, howev.r, I cd oai.isfi - d that he ended LiP 1 1n n1t . ct, by saying that the wife earned her lthului divorce on t'u ring Shs. 250/., which was the dowry paid, to the husband. his pp:s1 to the District Court 7 aiwanza, was

dismissed and one h.,a some sympathy for the District ciegistihito 's opinion that the appellant wanted to exploit by ins±stin, on being paid bhs. 0O0/ for khului after hinsc1f having paid only Shs. 250/ dewip and living with the r:sponclnt as his wife for over a d cad: • In view,.of such conservative atti -tudas as the appe liant' hcjuotified in opining that tne aiarr isge ic, Wuicil .,e passa after !tha case was passed after the case was Ieerd is en instrullient that gbos, sosia way towards 17 1ib:ration0 The appeal, is dimis d. :p respondent and the epp'l1 ut are no snore husband end wit .:.h. t).'e appcllent should find ae use for the Shs. 250/=,. - . - 5,. \'\ (L.. LiJth)

JJJG Ji * C 0c,.tob/17, 1976. / op I

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