Mukami Nyisurya vs Magiga Chacha ((PC) Civil Appeal No. 19 of 1982) [1983] TZHC 490 (30 May 1983)

l'.N ~ lilGH oou,a X Ol' !UNZ.UU.A AT MUSOMA .. (MWANZA REGISTRY) · '. ~ (l?/C) CIVIL A'P:PEAL NO .• 19 OF 1982 \ ., ct \·_;', (From the decision of Tarime District yo*;;'i'Oi'ti+ Appeal No.53/1979 ..Orig.mal .C.i.llil Case No .37 of 1979· of tpe';:•:erima7· O_ourt of Tarime District at riille Ml:ban J?rilila.ry. Court) ,• .. '·' \ \ '\ / . .., ~ " ___ ,. ,· .. Mukam.i Nyisurya • •·•. • ••• •. •. •. •. •. -..:; ~ ·• •·• •• ....... • •. • ••• ,. .... ••. Appellant Versus Magoiga Cha cha, •:• •••• •: • ••• • ••• ,. ........... ·• •••••••••••••••• Respondent · JUDGMENT The appellant was the defendant in Tarime Urban Primary Court. He was sued by respondent for recovery of 32 head of cattle being bridewealth the respondent paid when he married appellant's daughter in 1966 and thei~ marriage was dissolved in 1979 (Civil Case 27/79~ same court). The appellant admitted 31 head. The trial court found the bridewealth_was 31 head, disallowed 11 and ordered the respondent to refund 20 onzy. Both appealed to the District Court of Tarime and both lost. The appellant brought this appeal. He argued that he did not see why he should refund any cattle at all. This appeal has no merits. The trial court had found that it was the appellant's daughter who was the guilty party, yet it disallowed 11 head of cattle for matrimonial life. I do not see the basis of his 'tlomplaint. The appeal is dismissed. The decisions of the lower courts to stay. The appellant to refund 20 head as ordered. He will also pay the costs of this appe,§:1~· .~ kIUSOMA 30/5/83. j(( F. A. /;J}rhiera JUDGE