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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.
Source excerpt
The appellant failed to prove the existence of a valid customary marriage, which is a prerequisite for an action in adultery or enticement. Additionally, the District Court lacked jurisdiction to entertain the suit as the alleged marriage was under customary law, making the proceedings and judgment null and void.
Source excerpt
The appellant failed to prove the existence of a valid customary marriage, which is a prerequisite for actions in adultery or enticement. Additionally, the District Court lacked jurisdiction as the suit should have been instituted in the Primary Court. The proceedings and judgment of the District Court are null and void.
Source excerpt
The High Court allowed a second appeal, holding that the District Court wrongly took additional evidence without sound reasons and relied on evidence from another case.
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