The Court of Appeal in Tanzania has upheld a decision ordering a businessman, Mathew Pesambili, to pay a municipal director Sh10 million as compensation for adultery. Pesambili, based in Katavi, was found guilty of committing adultery with the wife of a senior government official in 2021. The incident occurred when the official caught Pesambili red-handed with his wife in a guest house in Tabora.
According to the appeal records, Pesambili and the government official's wife had a love affair, which was discovered by the official through a text message on her phone. The official informed the hamlet chairperson, who arranged a meeting with Pesambili to resolve the matter. However, Pesambili denied having a love affair with the official's wife during the meeting. The official later received information that Pesambili was planning to meet his wife in Tabora, and he traveled there with witnesses to confront them.
On May 11, 2021, the official and witnesses arrived at the Star Lodge Guest House in Tabora, where they found Pesambili and the official's wife naked in room number 17. The child was also present, and pictures and videos were taken as evidence. Pesambili and the official's wife were arrested and taken to the police station. The official's wife confessed to committing adultery with Pesambili during interrogation.
Pesambili denied the allegations, stating that he did not attend a meeting at his bar or meet the official's wife at the Star Lodge Guest House. He claimed that he remained at his shop throughout the day on May 11, 2021, and called a witness, Patrick Makalye, to support his alibi. However, the Tabora District Court found the testimony of witnesses and exhibits P4 and P5 to be sufficient evidence of adultery.
The Tabora District Court initially ordered Pesambili to pay Sh300 million in compensation, including Sh100 million for enticement and Sh200 million for adultery. However, the High Court reduced the compensation award for adultery to Sh10 million, citing that the exhibits lacked legal strength due to the absence of the phone used to take the pictures and record the video. The High Court also expunged the exhibits.
The Court of Appeal, in a judgment delivered on September 23, 2026, stated that the High Court erred in expunging the photographs, citing Section 19 of the Electronic Transactions Act. The court ruled that the Sh10 million compensation award was correct and upheld the decision. The judges, Shaban Lila, Dr Benhajj Shaaban Masoud, and Lameck Mlacha, delivered the judgment during a session in Tabora.
The case highlights the importance of electronic evidence in court proceedings and the need for careful consideration of exhibits. The Court of Appeal's decision sets a precedent for future cases involving electronic evidence. The businessman was ordered to pay Sh10 million as compensation for adultery, and the government official's wife was also held accountable for her actions.
Key points
- The Court of Appeal upheld a decision ordering a businessman to pay Sh10 million for adultery with a government official's wife.
- The incident occurred in 2021, and the businessman was found guilty of committing adultery with the official's wife in a guest house in Tabora.
- The Court of Appeal's decision sets a precedent for future cases involving electronic evidence.
