Sakudaga Senye vs Yohani Mwile (PC Civil Appeal No. 14 of 1999) [1999] TZHC 331 (16 July 1999)

~ - / ,,-9- ~~..-9-- " IN THE HIGH COUR'J) Of TANZAJ\ITA AT• MBEYA, • '." o (PC) CIVIL APPEAL NO. 14 OF, 199ff : ~ . --··. (From the decision_ of the/District Court, of Hllieya District at r1fuya, i' Ci vi!:· :Appe·alqfo,. 8 of 1998 end I:Tbeya-.Urbo,n:Pi'.i-nay Court \ ' . ·:·,' . Civil Case No. 75 of. 1997) '_ .\ 'c S.l-lKUDAGA VERSUS JUDGEMENT The appellant Sakudc::Ga s/o Senye is quite que·er and funny~ H8 sued his father-in-law and later on his brother;;.;in-L:wv for having taken care of !1is wife and children while he was in prison., He claimed and ·won in the Urban Primary Court of Mbeya compensation. of shs.100,000/= for p11rpertedly for kT•1ing taken wife to live outside his matrimor...ial custody. The District Court quashed the judgement of the pi~ir11t:ry Court. The appellant vms i:n1prisona.d, - for 60 years although he served only 4 - 6 years and got released. V{hile in prison ho certainly could not maintain his wife and gi v-e her sexual love. Their matrimonial house .sot burnt by fire e,nd 11 her in :l.nws did not want to maintain and provide her with shctter. So 1 she .vent bc\Ck to her parents toc;e thor with h0r children. The respondent . 1.mclertook all obligation and costs to maintain the same wife and children until when the appellant wo.s discharged from prison. Tho respondent on claLnod that while his wife was at his wife she cor.anri. tte d adultery and bore a child out of her adulterous relationship with another man.

Si:ace the appe llc'int was in prison he di.ii not se;e nnd know the ordeal of lack of maintainanc0 which his wife suffered. The c.dultery she corrunittcd was a natural consequence of her loveliness after her husband was imprisoned.. Instead of the appell<,mt siding with his father-in-18w in tracking down the adul toror of his wifG and suing him for such compensation.· He should. hc.v0 been the one to be sued by his father-in-law for compensation e,11 his wife's and children's living expenses. He should e;lso have- issued the adulterer0r when he reached hibeya. It is a hopeless u 1 ")peal for the decision of the 1st appella'4le Court was properly do tcri":ined. ·, :. :.., This appeal is dis;:aissed with costs. -, sgd: E.L.K. MWIPOPO JUDGE 21.6,.99 Q.o,tl}'t ~ I can't ad jor:.rn deli ving of judgment any lonc~er. I deliver judgment in the absence of both parties. District Registrar to inform them accorc1ingly. sgd: E •. L.K. HWIP0I'0, J. Certified true copy of the original Judgment. ... < {,,__, i,'._,..f DISTRICT REGIS·.rRAR MBEYA