19830513 TZHC Musoma

\ IN THE' HIGH COURT OF TANZANIA AT·· M.USOMA-, (PC) )'IilTRINlONillL CIVIL APPEAL NO. ~18 OF 1981 (Fro.n the decision e>f the Pri:nary Court of Shirati at Tari,ne in il1atri;nonial Civil Case No. 38/81): ELISHA 1/lULEGI . : . .. . ... ... ... ·•. 1-\PI-ELLJINT versus fRISCILLA OKECH ; : .. : . .• . .. . HE'SfONDENT Ju::JGE1ilFNT 1vLUNYFR.A I J. : The respondent petitioned for divorce in Shirati Primary Court. She alleged that the appellant had chasct1 h(1r fron their .natri:nonial ho:ne without• just cause and thr,y stayed apart for 4 years to the _date .. of the petition. The appellant denied tht? all13gation and claimed that it was thct rcsr-ond".!nt hers~lf who dr-cided to go away.· Neith~r party c2ll0d any wi tn~ ss. The trial court unanimously found the. t the r~ spondent had proved her ca.se and granted divorce. Th':1 husband appealed. He opposed the decision of the trial court on two ~rounds. First that he was not called b0.fore the :narriagc raconcilliatory board; S':!condly that th<Jre was no evidence to establish the ra.spondent's clai:n that she wa~ evicted fro:n :natri:nonial ho:ne. Fo.r the first issue there ,.is a docu.nent written by a Kyariko Baraza la Usuluhishi dated 8/12/80 to the effect that they w~re referring the wo:nan (respondent) to court as thr-y ware unable to get the husband (appellant)', whose whereabouts waro unknown. The appellant replied that he

has been teaching in a Ukerewe Primary School where the respondent left hi:n and she kn~w the place: The board deliberately failed to s~n~on hi:n. I agree with hi:n: Therefore their desputes were not heard by the board. Th<? law providcrn that no petition for divorce unlr.ss the :natri:nonial desputcs have first be~n r1'!ferred to tho marriag43 board and the board failed to reconcile the spouses. This irr~gul.arity is enough tc dispose of th~ app8al. I quash th'! procf-ledings of the trial court and arA still man and wifP. No costs. MUSO:ilA 13/5/83 ./ I· .I '·, .rr r ,. , I.· ,) ,..