Petition of appeal.

IN THE DISTRICT COURT OF BARIADI

AT BARIADI

CIVIL APPEAL NO…. OF 2023

(Arising from Civil Case No. 20 of 2022 from Mhango Primary Court)

 

MCHAFU KOGE……………………………………APPELLANT

VERSUS

MSAFI MWEUSI……………………….…. RESPONDENT

 

PETITION OF APPEAL

The Appellant being aggrieved by the impugned decision of the trial court of Mhango Primary Court, do hereby appeal against the said impugned proceedings, orders and judgment on the following grounds.

1. That, the learned trial magistrate erred in law by placing the appellant under liability to refund the dowry.
2. That, the learned trial magistrate erred in law by applying rules of Customary Law in matters provided for in the Law of Marriage Act.
3. That, the learned trial magistrate erred in law and facts by failing to consider precedents which prohibit refund of dowry and other gifts given in contemplation of a marriage.

WHEREFORE: The appellant prays before this court for the following orders;
i.        The appeal be allowed.
ii.      The declaration that, the appellant is not liable to refund the dowry.
iii.   A declaration that, the proceedings, orders and judgments of the trial court are nullity ab initio.
iv.     Any relief that court deems fit.

Dated at Bariadi this……………day of …………..…….. 2023

                                                                                        …………………………

                                                                                                    Appellant

Presented for filing this ……………………. day of ……………………………..2023

                                                                                            …………………......

                                                                                                 Registry Office

Drawn and filed by;                                                         Copies to be served upon;

Mchafu Koge (the appellant)                                             Msafi Mweusi (the respondent)

Bariadi                                                                                Bariadi