19910313 TZHC Dodoma
The evidence of cruelty, including physical assault and previous conduct by the husband, established that the marriage had irretrievably broken down. The District Magistrate erred in overlooking this evidence and reversing the Primary Court's decision.
- Citation
- 19910313 TZHC Dodoma
- Parties
- Appellant/wife: Munni Moshidi; Respondent/husband: Salum Moshidi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 13 March 1991
- Procedural Posture
- Matrimonial Civil Appeal / Appeal From District Court Decision, Which Was Itself an Appeal From Primary Court
- Outcome
- Appeal allowed. District Court decision set aside. Primary Court decision restored.
- Legal Topics
- Divorce, Cruelty, Breakdown of Marriage, Islamic Law
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Munni Moshidi
Appellant/wife
Salum Moshidi
Respondent/husband
Procedural Posture
Matrimonial Civil Appeal / Appeal From District Court Decision, Which Was Itself an Appeal From Primary Court
Legal Issues
- 1 Whether the marriage had irretrievably broken down due to cruelty by the husband
- 2 Whether the District Magistrate erred in reversing the Primary Court's decision
Ratio Decidendi
The evidence of cruelty, including physical assault and previous conduct by the husband, established that the marriage had irretrievably broken down. The District Magistrate erred in overlooking this evidence and reversing the Primary Court's decision.
Court Disposition
Appeal allowed. District Court decision set aside. Primary Court decision restored.
Orders
- Parties to bear their own costs.
Full Case Text
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