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Tanzania decisions
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The High Court held the appellant had no cause of action to recover bride price, affirming that Robi was not property and that no customary-law basis for liability was shown.
High Court appeal about forcible taking of 18 cattle as bride price under Sukuma customary law, court representation, and refund of property.
The High Court held that bride price could not be lawfully reclaimed while the marriage subsisted and that the appellant could not seize cattle as self-help.
High Court civil second appeal on refund of bride price after marriage dissolution. The court set aside the lower orders and held that no bride price was refundable.
The High Court held that the surviving calf born from a cow paid as bride price was refundable after the engagement broke down.
The High Court restored the Primary Court’s order that two head of cattle be refunded as bride price after divorce, and held the first appellate court had wrongly re-evaluated findings of fact.
The Court of Appeal of Tanzania held that customary law could not validate a union prohibited by the Law of Marriage Act 1971 and allowed the appeal.
The High Court upheld dissolution of the marriage, confirmed custody and child maintenance orders, and set aside the bride-price refund order.
The High Court upheld an order requiring the appellant to refund 7 heads of cattle as balance of bride price after divorce, while stressing fault should be determined.
In a second appeal, the High Court held that codified marriage law prevailed over inconsistent customary rules, but dismissed the adultery claim because the appellant delayed for four years.
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