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Tanzania decisions
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The High Court dismissed an appeal over damages for adultery, holding that the appellant’s evidence was contradictory and insufficient on a balance of probabilities.
The High Court allowed a second appeal in an adultery damages dispute, holding that the Primary Court lacked jurisdiction because no valid marriage between the respondent and the alleged wife was proved.
Appellant failed to prove joint acquisition or contribution to disputed property and failed to establish adultery; trial court's division of house No. 41 at 30% to appellant was justified. Custody and housewares issues were not properly determined and must be remitted for fresh adjudication.
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The marriage was found to have irreparably broken down, evidenced by issuance of talaq and failed reconciliation; matrimonial assets acquired during marriage were subject to equal division due to joint contributions; custody of the three children was granted to the petitioner in their best interests; no sufficient proof of adultery was established to warrant compensation.
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Electronic evidence was improperly admitted and expunged; however, direct and circumstantial evidence sufficiently proved adultery. Damages for adultery must be compensatory and not punitive; award reduced to Tshs. 10,000,000/=. Damages for enticement and interest on general damages were wrongly awarded and set aside.
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The appeal was allowed because the evidence relied upon by the trial court was contradictory, key witnesses were not summoned, and the circumstantial evidence did not logically establish adultery. The trial court erred in law and fact by failing to properly assess the credibility of witnesses and the sufficiency of evidence.
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The respondent failed to prove extra contribution to matrimonial assets; the first appellate court erred in receiving additional evidence and awarding disproportionate division. The trial court's equal division is restored.
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The appeal was dismissed because the marriage between respondent and H.S.N was not dissolved by a court, BAKWATA lacked jurisdiction to issue a valid talaq, and the appellant was or should have been aware of the subsisting marriage. The appellant's reliance on BAKWATA's talaq was misplaced, and ignorance of the law is not a defence. The first appellate court's award of damages was justified.
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The High Court dismissed a matrimonial appeal, upholding divorce on adultery and cruelty grounds and the award of the house and vehicle to the respondent.
The High Court allowed a second appeal in an adultery compensation dispute, holding the respondent had not proved adultery on a balance of probabilities.
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