19811021 TZHC Mwanza

19811021 TZHC Mwanza

The marriage had irreparably broken down due to the appellant's cruelty and neglect; the respondent was better suited to have custody of the children, and the maintenance order was reduced considering the incomes of both parties and the welfare of the children.

Source-derived case information.

Citation
19811021 TZHC Mwanza
Parties
Appellant: Augustine Lughalo; Respondent: Esther Lughalo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 October 1981
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed with costs
Legal Topics
Divorce, Custody of Children, Maintenance
Source Language
english
Family Law Divorce Custody of Children Maintenance

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Parties

Augustine Lughalo

Appellant

Esther Lughalo

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the marriage had irreparably broken down due to cruelty and neglect
  2. 2 Whether the respondent was entitled to custody of the children
  3. 3 Whether the maintenance order was appropriate

Ratio Decidendi

The marriage had irreparably broken down due to the appellant's cruelty and neglect; the respondent was better suited to have custody of the children, and the maintenance order was reduced considering the incomes of both parties and the welfare of the children.

Court Disposition

appeal dismissed with costs

Orders

  • Custody of the children confirmed to the respondent with unrestricted access to the appellant
  • Maintenance for the children reduced to shs. 150 per month