19820727 TZHC Dar es Salaam

19820727 TZHC Dar es Salaam

The appellate court found no reason to differ from the lower court's finding, which was based on the credibility of the witnesses, and held that the marriage had irretrievably broken down due to cruelty by the appellant.

Citation
19820727 TZHC Dar es Salaam
Parties
Appellant/respondent: Sylibester Diyamugunda; Respondent/petitioner: Christina
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 July 1982
Procedural Posture
Civil Appeal / Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Divorce, Cruelty, Marital Breakdown, Credibility of Witnesses
Source Language
English
Family Law Divorce Cruelty Marital Breakdown Credibility of Witnesses

Case Brief

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Parties

Sylibester Diyamugunda

Appellant/respondent

Christina

Respondent/petitioner

Procedural Posture

Civil Appeal / Appellate Judgment

Legal Issues

  1. 1 Whether the marriage had irretrievably broken down due to cruelty
  2. 2 Whether the lower court erred in assessing the credibility of witnesses
  3. 3 Whether the appellant was denied an opportunity to defend himself

Ratio Decidendi

The appellate court found no reason to differ from the lower court's finding, which was based on the credibility of the witnesses, and held that the marriage had irretrievably broken down due to cruelty by the appellant.

Court Disposition

appeal dismissed

Orders

  • respondent to have her costs in this and the lower court