Bahame Kimbulu vs Sita Magembe (PC Civil Appeal No. 61 of 1998) [1999] TZHC 320 (6 April 1999)

BAHAME ~ ·- -- .. _ ·- .. ... . .

• IN. THE HIGH . COlTRT. OF TANZANIA AT TABORA (PC) ... CIVIL APPEAL NOo 61' OF 1998 · · Bunamhala Primary Court Civti.i Case No • .5.1 of 1997) KIMBUW .... ... 00 00 ... - · •• ' V E R s· u s ; ~ ' •.t APPELLANT SITA YJA.GEMBE .·. •o •• • 0 .. , ... ... ·o • 0" o• • • RESPONDENT ' ,i.:_ •• J U D G M E N T MASANCHE 2 J.: The appellant sued §_ita. Ma_gembe in the Primar;f Court· ef Bunamhala in Bariadi District for corrensation of five cattle alleging ,c that the respondent had f'ommitt3d adultery. with his wife - appella.nts wfe., The Primary Cour+. aC"'eed•with him and awarded him the five cattle., The respendent appealed to the District Court., Here Mr. Malamsha Senior District Magistrate has reversed the decision, and the appellant now appeals to this Court., ... I agreed with Mr. Malamsha that the appellant·never proved the •3.se of adultery. The record is clear that .the .w,if'.e. L<?J -.h.e appellant, one Detto Mangu, D.,w.,3, had a tough time with the appellant, her husband. The appellant harassed her, and, at one time, summonedurigusungu to~_come and 11 deal 11 with the wife., It is said Sungusungu came and actually 11 cfealtii with the wife, they beit hel!'e She then fled to the respondent who is qctually the young brother of the appellant. It is also said that, infact the respondent has a wife. The wife of the respondent welcomed the wife .•f appellant ar-4 !:hey .;'Ff';.;.::. 'tk, appellants wife b_y massagi~ her with a tow;a and hot water. Then the appellant went there, clled people and announced-that the respondent had committed adultery with his wife .. This was all :i?onsens!, the learned District Magistrate has held. I agree / I

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• ' 2 -- The. appellant here before me told me that he knows nothing about Sungusungu being summoned by him to come and harass his_ wife. He also ,.. . .. says the respondent was not his young.brother~ But he agreed that the respondnt has a wife and that the time he 11 surprised 11 them, the wife of re4ondent ~ the was thereo ' . ... i .. The appellant is telling lies for,;,•.the sake of it Thea appeal is devoid of any inerit. It is dismissed-in its entire-' As the respondent has not bothered to appearo I make no order as ±d cb'sts. At Shinyanga. 6t'h April, 1999 o J. E. Co M.ASANCHE JUDGE