albert rweyemamu vs alelio lowassa 2023 tzhc 21957 18 october 2023

albert rweyemamu vs alelio lowassa 2023 tzhc 21957 18 october 2023

The marriage is dissolved as it has irreparably broken down due to loss of love, communication, and financial trust. Properties acquired during the marriage are to be divided equally, and both parties are to contribute equally to the maintenance and education of their children, considering their respective incomes.

Citation
albert rweyemamu vs alelio lowassa 2023 tzhc 21957 18 october 2023
Parties
Petitioner: Albert Rweyemamu; Respondent: Alelio Lowassa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 October 2023
Procedural Posture
Matrimonial Cause / Judgment
Outcome
Petition allowed in part; marriage dissolved; division of assets and child maintenance ordered.
Legal Topics
Divorce, Custody, Division of Matrimonial Assets, Child Maintenance
Source Language
English
Family Law Divorce Custody Division of Matrimonial Assets Child Maintenance

Case Brief

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Parties

Albert Rweyemamu

Petitioner

Alelio Lowassa

Respondent

Procedural Posture

Matrimonial Cause / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties has broken down irreparably
  2. 2 Whether, during the subsistence of their marriage, the parties acquired properties subject to division
  3. 3 Whether they have a joint responsibility to maintain their children and to what extent

Ratio Decidendi

The marriage is dissolved as it has irreparably broken down due to loss of love, communication, and financial trust. Properties acquired during the marriage are to be divided equally, and both parties are to contribute equally to the maintenance and education of their children, considering their respective incomes.

Court Disposition

Petition allowed in part; marriage dissolved; division of assets and child maintenance ordered.

Orders

  • Marriage between the parties is dissolved by decree.
  • Jointly acquired properties (Plot No. 672 Block F, Plot No. 671 Block F, Block 630 Block F at Tegeta, house on Plot 13 Block A at Mikocheni, plot at Kigamboni, block No. 287/6 at Misenye) to be shared equally (pari-passu).