20171115 TZHC Dar es Salaam

20171115 TZHC Dar es Salaam

The court lacks jurisdiction to entertain and determine the applications for variation of the settlement order/decree as neither party properly invoked the relevant statutory provisions, and only parties to the original decree may seek its variation. The applications are incompetent and are struck out.

Citation
20171115 TZHC Dar es Salaam
Parties
1st Applicant: Eric Mwenda; 2nd Applicant: Social Welfare Officer, Kinondoni Municipal; Respondent: Emily B. Gloekler
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 November 2017
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Point of Jurisdiction
Outcome
Applications struck out as incompetent
Legal Topics
Child Custody, Variation of Court Orders, Jurisdiction, Settlement Agreements
Source Language
English
Family Law Child Welfare Civil Procedure Child Custody Variation of Court Orders Jurisdiction Settlement Agreements

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Parties

Eric Mwenda

1st Applicant

Social Welfare Officer, Kinondoni Municipal

2nd Applicant

Emily B. Gloekler

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Point of Jurisdiction

Legal Issues

  1. 1 Whether the court has jurisdiction to vary, amend, or modify the settlement order/decree regarding child custody
  2. 2 Whether the Social Welfare Officer has locus standi to seek variation of the decree
  3. 3 Whether the applications are properly before the court

Ratio Decidendi

The court lacks jurisdiction to entertain and determine the applications for variation of the settlement order/decree as neither party properly invoked the relevant statutory provisions, and only parties to the original decree may seek its variation. The applications are incompetent and are struck out.

Court Disposition

Applications struck out as incompetent

Orders

  • Each party to bear his/her own costs