fatuma david ponera vs faraji abasi chiwila another 2023 tzhc 22807 20 november 2023

fatuma david ponera vs faraji abasi chiwila another 2023 tzhc 22807 20 november 2023

The marriage was found to have irreparably broken down, evidenced by issuance of talaq and failed reconciliation; matrimonial assets acquired during marriage were subject to equal division due to joint contributions; custody of the three children was granted to the petitioner in their best interests; no sufficient proof of adultery was established to warrant compensation.

Citation
fatuma david ponera vs faraji abasi chiwila another 2023 tzhc 22807 20 november 2023
Parties
Petitioner: Fatuma David Ponera; 1st Respondent: Farajiabasi Chiwila; 2nd Respondent: Jane Jacob Andolile
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 November 2023
Procedural Posture
Matrimonial Cause / Ex Parte Judgment
Outcome
Petition allowed in part; decree of divorce granted; custody of children to petitioner; division of matrimonial property ordered; maintenance ordered; compensation for adultery denied; each party to bear own costs.
Legal Topics
Divorce, Custody of Children, Division of Matrimonial Property, Maintenance, Adultery, Compensation for Adultery
Source Language
English
Family Law Divorce Custody of Children Division of Matrimonial Property Maintenance Adultery Compensation for Adultery

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 8 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Fatuma David Ponera

Petitioner

Farajiabasi Chiwila

1st Respondent

Jane Jacob Andolile

2nd Respondent

Procedural Posture

Matrimonial Cause / Ex Parte Judgment

Legal Issues

  1. 1 Whether the marriage between the parties is irreparably broken down
  2. 2 Whether the petitioner and the first respondent acquired matrimonial properties subject to division
  3. 3 Whether the petitioner has to be given custody of children

Ratio Decidendi

The marriage was found to have irreparably broken down, evidenced by issuance of talaq and failed reconciliation; matrimonial assets acquired during marriage were subject to equal division due to joint contributions; custody of the three children was granted to the petitioner in their best interests; no sufficient proof of adultery was established to warrant compensation.

Court Disposition

Petition allowed in part; decree of divorce granted; custody of children to petitioner; division of matrimonial property ordered; maintenance ordered; compensation for adultery denied; each party to bear own costs.

Orders

  • Decree of divorce granted between petitioner and first respondent
  • Custody of all three children granted to petitioner; respondent granted access on weekends, public holidays, and school holidays