Sakudaga Senye vs Yohani Mwile (PC Civil Appeal No. 14 of 1998) [1999] TZHC 338 (21 June 1999)

.. •.. ;. , /}/~~ vc- Rd? -;-T ~ - IN THE HIGH COURT OF TANZANIA (PC) CIVIL APPEAL NO. 14 .. 0F 1998 (From the d0cision of-the District Court of Hibeya District at Mbeya in Ci vil,,Appeal No .. . . 8· of. 1998 tnrl Tu...'rboya Urban :Primary Qourt .. , _ .. ,·.civil_Cas0 No.75 of 1997) S ''KUD. AGA ..;m,r,'[V"i'.:',,, ••.·· • • • • • • ". •, • - - • - •" • • • • 0 ·ADPELT-NT .(.j ~ ~ J.J:;, ,:, 't .... (I· ~ t' IJ • ~ • 1:t • ,, O I°' : O, ~ :.. ., • 4 O ::; ,_ , 0 ~ ~ . . ... VERSUS ,•.:·. JUDGEME·NT . , The appellant Sakudea s/o· Senye is quite queer .1:mci' funny. He sued his. -f3ther-in-law 13nd l?ter on his brother-i11-Lw-1 for . - haing taken car:e of his wif-e and children whlle he •aas in prison.:-:,.; He claimed and won in· the Urban .. Prmary Court of Mbeya compensation , . ·. . . ___ of shs.100,000/= for .pi:ar:oc_ftedly for having taken wif to live ' . . outside his matr.,imonial custody. The Disti;-ict Court quashed the judgement of the Prim[ry Court • . The appellant we.s imprisoned, ·: for 60 years although he served only 4 - 6 years and .got released .· Wr..ile in prison hC; .. cci .. tainly could not maintail'.l his wife and give her sexual· iove.. Their matrimonial .nouse B;.ot bu.r11:t. by fire ,'3.nd e;ll her in lws did not wnt to maintain· and provi-de her wi.th shetter. So, she ,r..ent bc,.ck to her parants .toJe thar with )1Gr. children·. The. re spondt!nt tU1dertook all obligation and costs to maintain the same wife and ' . • children until- when the· cppellant Wu~ discharged from 1 ;irison. ', ~ ·. . , Tho respondent on clai~rod that while his wife was at his wife she cor.ami tted adultery and bore a child out of her adulterous relationship witk another man. • ••. /2

♦ • .1J. 2 •' .... .1. .. Si:-t.-ce the appellc;nt was in prison he•did. hot see 1:md know the ordeal of lack of nai_ntinance which his wife suffered. The ciclultery she c_ornrni t_tcd yvas. μ natural consequence of her loveliness after her husband was ii1111risoned. Instead of the appelL:nt siding with his father-in-lmy; _::'.in. tracking dovm the adul teror of his ~ .. · ,.---· wife and suing him for such compensation. He should. .hcvl'.? been :· . . , ·- .... ------: .... ' the one to be suad by- his fther-in-lmv for compensation e,11 his wi-feV:s at1'd chile.rci1 1 s living expensos. He should aso have is,sued- ·the· adulterercr when :he' reach~:d LT.be ya • . : ... It is· a hopeless a 1 :ipeal for the decision of the 1st appellate ,,-·,,'Court was properly dotcrr1ined.·, !-.J Th:j.s appeal is d.i$:·ussr,rd v;ri th costs. ' Coram: - Hon. E. L.K. · IIwipOJ)O' J. Appe llarit: Absent Respondent;: Ab.se.lit B/C: Kosam sgd: E.L.K. MWIPOPv . JUDGE!· 21.6,.99 _ Court: I can't adjov.rn doliving. of judgment any loncser. I deliver ,- ... - judgment in the o.bsence of both parties. District Regis~r9.r to inf'orm therd accol~~lingly. Certified true copy of the original Judgment. \· ... _;: / . . \ ' ' , .. . f DISr_rnr6r REGIS·.rRAR MBEY.A