19810908 TZHC Dar es Salaam
The applicant failed to provide evidence of cruelty as required by law; therefore, judicial separation cannot be granted.
- Citation
- 19810908 TZHC Dar es Salaam
- Parties
- Applicant: Elizabeth Claudus; Respondent: Jastin Giuza
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 8 September 1981
- Procedural Posture
- Matrimonial Appeal / Ruling on Application for Judicial Separation After Unsuccessful Divorce Petition and Appeal
- Outcome
- application rejected with costs
- Legal Topics
- Divorce, Judicial Separation, Cruelty, Maintenance
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Elizabeth Claudus
Applicant
Jastin Giuza
Respondent
Procedural Posture
Matrimonial Appeal / Ruling on Application for Judicial Separation After Unsuccessful Divorce Petition and Appeal
Legal Issues
- 1 Whether the applicant proved cruelty sufficient to warrant judicial separation under Section 107(1)(c) of the Law of Marriage Act, 1971
- 2 Whether ancillary relief of maintenance should be granted
Ratio Decidendi
The applicant failed to provide evidence of cruelty as required by law; therefore, judicial separation cannot be granted.
Court Disposition
application rejected with costs
Orders
- Application for judicial separation is rejected with costs.
Full Case Text
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