mary barnaba mushi vs attorney general 2023 tzhc 18309 14 june 2023

mary barnaba mushi vs attorney general 2023 tzhc 18309 14 june 2023

There is no confusion regarding the minimum age of marriage for a girl child, which is 18 years as declared by the Court of Appeal. The ongoing nationwide consultations by the executive are not the correct approach and undermine the judiciary's authority. Sections 13 and 17 of the Law of Marriage Act, having not been amended within the one-year period directed by the court, are redundant and no longer have legal effect. However, the court declined to make a declaration of contempt or halt the consultation exercise, instead directing the Attorney General to comply with the court decisions within six months.

Citation
mary barnaba mushi vs attorney general 2023 tzhc 18309 14 june 2023
Parties
Petitioner: Mary Barnaba Mushi; Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 June 2023
Procedural Posture
Miscellaneous Civil Cause (originating Summons) / Judgment
Outcome
Petition partly allowed
Legal Topics
Minimum Age of Marriage, Judicial Authority, Separation of Powers, Contempt of Court, Legislative Process
Source Language
English
Constitutional Law Family Law Administrative Law Minimum Age of Marriage Judicial Authority Separation of Powers Contempt of Court Legislative Process

Case Brief

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Parties

Mary Barnaba Mushi

Petitioner

Attorney General

Respondent

Procedural Posture

Miscellaneous Civil Cause (originating Summons) / Judgment

Legal Issues

  1. 1 Whether there is confusion as to the minimum age of marriage for girl children after the High Court and Court of Appeal decisions
  2. 2 Whether ongoing nationwide consultations scrutinizing court decisions is a correct approach
  3. 3 Whether sections 13 and 17 of the Law of Marriage Act still exist in the statute books after the lapse of the one-year moratorium

Ratio Decidendi

There is no confusion regarding the minimum age of marriage for a girl child, which is 18 years as declared by the Court of Appeal. The ongoing nationwide consultations by the executive are not the correct approach and undermine the judiciary's authority. Sections 13 and 17 of the Law of Marriage Act, having not been amended within the one-year period directed by the court, are redundant and no longer have legal effect. However, the court declined to make a declaration of contempt or halt the consultation exercise, instead directing the Attorney General to comply with the court decisions within six months.

Court Disposition

Petition partly allowed

Orders

  • Attorney General is directed to comply with the Court of Appeal and High Court decisions and amend the Law of Marriage Act within six months, removing the unconstitutional provisions from the Revised Edition of 2019.
  • No declaration of contempt or order to halt the ongoing consultations.