19731007 TZHC Arusha
The Primary Court lacked jurisdiction to grant divorce as the statutory requirement of referral to a reconciliation board and certification was not met; the conditional order was improper.
- Citation
- 19731007 TZHC Arusha
- Parties
- Appellant: Bakari Abdallah; Respondent: Fatuma d/o Mohamed
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 October 1973
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal allowed; lower court order set aside; suit struck out
- Legal Topics
- Divorce, Procedural Requirements, Jurisdiction
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Bakari Abdallah
Appellant
Fatuma d/o Mohamed
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether a divorce order can be made conditional on payment of money
- 2 Whether the statutory prerequisite of referral to a reconciliation board was fulfilled
Ratio Decidendi
The Primary Court lacked jurisdiction to grant divorce as the statutory requirement of referral to a reconciliation board and certification was not met; the conditional order was improper.
Court Disposition
appeal allowed; lower court order set aside; suit struck out
Orders
- Order of Primary Court set aside
- Suit struck out
Full Case Text
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