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Tanzania decisions
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On appeal in a land dispute, the High Court held that a locus in quo visit was unnecessary and affirmed the tribunal’s dismissal of Paulina Paulo’s claim.
There is no legal basis to hold the appellant liable for compensation to the respondent for expenses incurred in raising the child, as the appellant had no knowledge of his paternity until 2011. The duty to compensate is, at most, moral and not legal.
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The High Court upheld concurrent findings that a childless widow could retain her share in a matrimonial house, and dismissed the appeal with costs.
The High Court held that no bride price was refundable after an 18-year marriage with children, and dismissed the appeal with costs.
Given the marriage lasted 18 years and produced children, the appellant is not entitled to any refund of the bride price under customary law.
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The 1st appellate court erred by considering non-issues and disturbing a decision based on customary law without evidence of unconscionability. However, the trial court failed to consider whether the attached house and shambas were attachable under the law. The proper course is to restore the trial court's decision with a direction for the executing court to investigate the attachability of the properties.
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The first appellate court erred by considering non-issues and disturbing a decision based on customary law without evidence of unconscionability; however, the trial court failed to consider whether the attached house and shambas were attachable under statutory law, necessitating further investigation by the executing court.
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The Resident Magistrates Court erred in assuming jurisdiction over Luo customary law, which is exclusively vested in primary courts. Even if jurisdiction existed, the application of Luo customary law in this case contravened constitutional guarantees of equality and non-discrimination, rendering the trial court's decision erroneous.
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Second appeal dismissed in a malicious prosecution dispute. The High Court held that, under the applicable customary law, lack of reasonable and probable cause was sufficient.
The High Court held that no bride price was refundable because the wife died while the marriage was still in force, and dismissed the appeal with costs.
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