19790316 TZHC Mbeya
Appellant was the offending party as she refused to join her husband despite repeated requests; therefore, dissolution of marriage on grounds of desertion is not warranted.
Source-derived case information.
- Citation
- 19790316 TZHC Mbeya
- Parties
- Appellant: Atupaictsye d/o Ikenda; Respondent: Aswile Mhajuko
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 March 1979
- Procedural Posture
- Matrimonial Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Matrimonial Appeal, Dissolution of Marriage, Desertion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Atupaictsye d/o Ikenda
Appellant
Aswile Mhajuko
Respondent
Procedural Posture
Matrimonial Appeal / Judgment
Legal Issues
- 1 Whether the appellant was the offending party in the alleged desertion
- 2 Whether the marriage should be dissolved on grounds of desertion
Ratio Decidendi
Appellant was the offending party as she refused to join her husband despite repeated requests; therefore, dissolution of marriage on grounds of desertion is not warranted.
Court Disposition
appeal dismissed
Orders
- no order as to costs
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA AT NBEYA (PC) MATRIHONIAL APPEAL NO. 3 OF 1977 (FROM THE DECISIOI-i' OF THE KANDErE PRIMARY COURT TUKUYU - JvIATRIHONIAL CASE NO. 87/77) ATUPAICTSYE D/O IKENDA •••••••••••••••••••••• APPELLANT (Original Plaintiff) v ersus ASWILE MHAJiJKO'l'iiJA ••••••••••••••••••••••• ; •• RESPONDENT (Original Respondent) ;f_U D GM ENT MWAICT:Sfil'E 9 J., - The petition by the appellant for the ilti=:sol.u !;ion of her marriag~ to thP. respondent was dismissed by the Kandete Primary Court - Tukuyt1. She had petitioned for the dissolution of the marriage· r on the ground of desertion. The Primary Court found the a,pellant the offending party because she was the one who was refusing to join her husb~.na. It is against that decision that she has appealed to this court. The: parties contracted their marriage in accordance with customary law. There are 5 issues of the marriage. On the facts on record there can be no doub.t at all that aj,Jpellant was indeed the offending party. It was the appellant who haQ been refusing to join her husband in.spite of repeated requests by the husband for her to return to their matrimonial home. It is 011 .record and ,·. unrefuted that respondent on a number of occasions travelled from Chunya to her parent's home in '::ukuyu to collect her in vain. She was evidently the architect of the alleged desertion. · The appeal is clearly without merit and is hereby dismissed but there will be no order as to costs to this court licc::uise respondent did not appear. Delivered in court at l1beya this 16th