19880908 TZHC Mbeya

The trial court's finding that the appellant's daughter was responsible for the marriage breakdown stands, and only two head of cattle should be refunded, considering the length of marriage and children.

Citation: 19880908 TZHC Mbeya
Parties: Appellant: William Mwambelo; Respondent: Keneth Mwanjala
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 8 September 1988
Procedural Posture: Civil Appeal / Second Appeal
Outcome: Appeal allowed to the extent that only two head of cattle are to be refunded; decision of first appellate court quashed and set aside.
Legal Topics: Divorce, Dowry Refund, Bride Price, Adultery
Source Language: English

Family Law Customary Law Divorce Dowry Refund Bride Price Adultery

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Parties

William Mwambelo

Appellant

Keneth Mwanjala

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

1 Whether the appellant is liable to refund dowry to the respondent after divorce caused by adultery of appellant's daughter
2 Whether the first appellate court had jurisdiction to review findings of fact from the divorce case

Ratio Decidendi

Court Disposition

Appeal allowed to the extent that only two head of cattle are to be refunded; decision of first appellate court quashed and set aside.

Orders

Order of trial Primary Court for refund of two head of cattle restored.
Appellant to get one third of the costs of this appeal.