Daniel Masalu vs Mussa Shadrack [1987] TZHC 19 (2 July 1987)


Mwalusanya, J.: The appellant Daniel s/o Masalu lost in the suit in which he claimed G damages of five head of cattle for adultery against the respondent Mussa s/o Shadrack.  It was at Magu Urban Primary Court. The appeal to the Magu District Court was equally unsuccessful hence this appeal.
Like the two courts below I find that this appeal is bankrupt of merit.  First as held by the trial court there was no evidence of customary law marriage.  According to the H testimony of the appellant himself after he had paid bride price of Shs. 10,000/= he waited to contract the marriage when he returned from Geita.  However when he returned from Geita he found the woman already married to the respondent.  The payment of Shs. 10,000/- as brideprice by the appellant for sure did not constitute I marriage.  Marriage would have taken place only if appellant was handed over the woman as wife

according to the Sukuma Customary Law rites as stipulated under s.25 (5) (d) of the A Law of Marriage Act No. 5 of 1971.  Otherwise as things stand, no marriage of any kind whatsoever was contracted.
Secondly as the District Court held, the respondent had a powerful defence provided under s.72(2) of the Law of Marriage Act because when he married the woman he did not know nor could he have  known even by exercise of reasonable diligence that the B woman in question was married.  The parents of the woman he wanted to marry  said she was unmarried.  What else could he have done?
In the event this appeal is dismissed with costs.  Order accordingly. C
Appeal dismissed.


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