N

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The marriage had irreparably broken down due to the appellant's behaviour and mutual animosity, justifying dissolution; maintenance for children should be increased given the father's financial capacity and the children's needs.

Citation
N
Parties
Appellant: Clara Uankanda; Respondent: Addallah Higilo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1980
Procedural Posture
Matrimonial Civil Appeal / Appeal From Primary Court Decision
Outcome
appeal dismissed with modification
Legal Topics
Divorce, Maintenance, Child Custody
Source Language
English

Case Brief

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Parties

Clara Uankanda

Appellant

Addallah Higilo

Respondent

Procedural Posture

Matrimonial Civil Appeal / Appeal From Primary Court Decision

  1. 1 Whether the marriage had irreparably broken down
  2. 2 Adequacy of maintenance ordered for children

Ratio Decidendi

The marriage had irreparably broken down due to the appellant's behaviour and mutual animosity, justifying dissolution; maintenance for children should be increased given the father's financial capacity and the children's needs.

Court Disposition

appeal dismissed with modification

Orders

  • Maintenance for four children increased from shs. 400/= to shs. 500/= monthly
  • Custody of four children remains with appellant