19770801 TZHC Dar es Salaam

19770801 TZHC Dar es Salaam

No sufficient grounds for divorce were established; the marriage subsists as it has not irreparably broken down.

Citation
19770801 TZHC Dar es Salaam
Parties
Appellant: Ally Mhando; Respondent: Asha Athumani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 August 1977
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Divorce, Marital Breakdown, Refund of Bride Price
Source Language
English
Family Law Divorce Marital Breakdown Refund of Bride Price

Case Brief

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Parties

Ally Mhando

Appellant

Asha Athumani

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the marriage between the appellant and respondent has irreparably broken down
  2. 2 Whether the respondent is required to refund part of the bride price as a condition for divorce

Ratio Decidendi

No sufficient grounds for divorce were established; the marriage subsists as it has not irreparably broken down.

Court Disposition

appeal dismissed

Orders

  • Marriage between the parties subsists
  • No order for refund of bride price