Mwakalonganya Mwakanyemba vs Mpwaka Mwalusamba ((PC) Civil Appeal No. 47 of 1993) [1998] TZHC 2533 (18 November 1998)
Judgment
··· H [·~ R:;u l:Zt2:,A
IN THE HIGH COURT OF TANZANIA
·· AT M-BEYA
.(Fro □ the ·decision ofthe District Court of
Chunya at Chunya ih Civil Appeal No. 3 of
1993 - Original Civil Case No. 24 o,f 1992
of Chunya Urban Pri1;,1ary Court
BEFORE: R K~ Z/j.,.lVlBI - S. D 0 i'-'I.)
MWAKALONGANYA MWAKANYEMBA • • • APPELLANT
._.; VERSUS
MPWAKA MWJ.LUS!:Jv'IBA RESPONDENT .
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JUDGEMENT
MWIPOP0
1
J.
This is a useless appeal by the appellant. The
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uarrige t'tween the appeliant Mwakalonganya s/o·
Mwakanye □ ba and his wife who is not mentioned anyv.,rhere
in the proceedngs by name have not yet got di'{:grced~
fmd yet the appellant filed this case ... demanding for refund
of his dowry he paid to the parents of his wife.
The first appellate court dis[1issecl the appeal on .
reasons that there was no grant of divorce as yet. This
was a correct stance of the law. No refund of dowry can
be considered unless there is a divorce. The appellant
concedes that there was no grant 0f divorce for he does
not know where his wife is. ''Jell, there has to be a
divorce first, suppose he has killed his wife and now he
clc:mcmds for refund of dowry clespi te having killed his
wife?
The respondent Mpwaka MwalusaE1ba brought up another
defence that he has been wrongly sued for the adr.:linistrator
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of the est2te of.· th~ fat!ler in law·· o"f
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he ?rpellant is
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known b
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eing'his son, who 'is still alive . This oo could-- .... _______ _
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be a valid grourid for having been wrongly. sued.,
This appeal is frivolous. It is disoissed with
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costs.
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18/11/98
Mwi popo ', J.
E. L. K. MWIPOPO ____ />
JUDGE
18/11/1998
Mwakalongariya Mwakanyeoba - Present in person
Mpwaka'Mwalusaoba - Present in person
Mr Naali, Advocate for the Respondent - Present
c/c. · Mrs. Kasubiri
£.<?.lliil:.:. Judge □ ent delivered in.the presence of both_
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'parties.
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;t,. L. K. MWIPOPO
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JUDGE
18/11/1998
/JJM
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