19910829 TZHC Dar es Salaam

There is no general application of the Civil Procedure Code to matrimonial proceedings; the petitioner is not precluded from filing the second petition as there is no legal impediment under the Law of Marriage Act. Extraordinary circumstances exist making reference to the Marriage Conciliatory Board impracticable; the petition may proceed without such reference.

Citation: 19910829 TZHC Dar es Salaam
Parties: Petitioner: Dr. J. Crlan; Respondent: Amuca Liti
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 29 August 1991
Procedural Posture: Matrimonial Cause / Preliminary Objection Ruling
Outcome: objection overruled
Legal Topics: Divorce, Marriage Reconciliation, Procedure for Matrimonial Proceedings
Source Language: English

Family Law Divorce Marriage Reconciliation Procedure for Matrimonial Proceedings

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Parties

Dr. J. Crlan

Petitioner

Amuca Liti

Respondent

Procedural Posture

Matrimonial Cause / Preliminary Objection Ruling

Legal Issues

1 Whether the petitioner is precluded from filing a second petition for divorce after withdrawing the first without leave of court
2 Whether reference to a Marriage Conciliatory Board is mandatory before filing for divorce under the Law of Marriage Act, 1971

Ratio Decidendi

Court Disposition

objection overruled

Orders

Petition to proceed to trial without reference to Marriage Conciliatory Board as required by s.101 of the Law of Marriage Act