athumani beleko vs lilian beleko 2003 tzhc 49 1 december 2003

athumani beleko vs lilian beleko 2003 tzhc 49 1 december 2003

The pleadings attested by the advocate who drew them contravened mandatory statutory provisions and were fatally defective; the trial court was correct to strike them out. However, the trial court erred in granting judgment as prayed on the cross petition without resolving the division of matrimonial assets and maintenance, which require specific orders after hearing evidence.

Citation
athumani beleko vs lilian beleko 2003 tzhc 49 1 december 2003
Parties
Appellant: Athumani Beleko; Respondent: Lilian Beleko
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 December 2003
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Petition and Reply to Cross Petition remain struck out; cross petition allowed with costs; trial court must resolve division of assets and maintenance by specific orders after hearing evidence.
Legal Topics
Divorce, Custody, Division of Matrimonial Assets, Maintenance, Procedural Defects, Right to Be Heard
Source Language
English
Family Law Civil Procedure Divorce Custody Division of Matrimonial Assets Maintenance Procedural Defects Right to Be Heard

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Athumani Beleko

Appellant

Lilian Beleko

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether pleadings attested by an advocate who drew them are fatally defective under Cap 12, Sections 7 and 8
  2. 2 Whether the trial court erred in allowing the cross petition with costs without hearing the appellant after striking out his pleadings

Ratio Decidendi

The pleadings attested by the advocate who drew them contravened mandatory statutory provisions and were fatally defective; the trial court was correct to strike them out. However, the trial court erred in granting judgment as prayed on the cross petition without resolving the division of matrimonial assets and maintenance, which require specific orders after hearing evidence.

Court Disposition

Petition and Reply to Cross Petition remain struck out; cross petition allowed with costs; trial court must resolve division of assets and maintenance by specific orders after hearing evidence.

Orders

  • Petition and Reply to Cross Petition struck out
  • Cross Petition allowed with costs