dora simon vs reuben ibrahim mfanga 2021 tzhc 6872 27 october 2021

Appeal allowed only to the extent that the trial court erred by not obtaining the children's opinion on custody; all other grounds lack merit due to concurrent findings and insufficient evidence.

Citation: dora simon vs reuben ibrahim mfanga 2021 tzhc 6872 27 october 2021
Parties: Appellant: Dora Simon; Respondent: Reuben Ibrahim Mfanga
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 27 October 2021
Procedural Posture: Matrimonial Appeal / Second Appeal
Outcome: Appeal partly allowed
Legal Topics: Divorce, Custody of Children, Division of Matrimonial Property, Maintenance, Procedure
Source Language: English

Family Law Divorce Custody of Children Division of Matrimonial Property Maintenance Procedure

Case Brief

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 5 Party arguments 2 Amounts and remedies 2

Parties

Dora Simon

Appellant

Reuben Ibrahim Mfanga

Respondent

Procedural Posture

Matrimonial Appeal / Second Appeal

Legal Issues

1 Whether the reconciliation board had jurisdiction
2 Whether the trial court erred by not hearing witnesses
3 Whether the trial court erred by not obtaining children's opinion on custody

Ratio Decidendi

Appeal allowed only to the extent that the trial court erred by not obtaining the children's opinion on custody; all other grounds lack merit due to concurrent findings and insufficient evidence.

Court Disposition

Appeal partly allowed

Orders

Original case file returned to trial court for consideration of children's opinion on custody
No order as to costs