19880901 TZHC Dar es Salaam

Res judicata does not bar the appellant from seeking dissolution of marriage on grounds arising after the previous judgment, specifically the respondent's refusal to return to the matrimonial home.

Citation: 19880901 TZHC Dar es Salaam
Parties: Appellant: Emmanuel Thoo; Respondent: Eveline Mccccnjc
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 1 September 1988
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Res Judicata, Dissolution of Marriage, Absence, Desertion
Source Language: English

Family Law Civil Procedure Res Judicata Dissolution of Marriage Absence Desertion

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Parties

Emmanuel Thoo

Appellant

Eveline Mccccnjc

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the appellant is barred by res judicata from seeking dissolution of marriage on grounds not raised in the previous suit
2 Whether refusal of the respondent to return after previous judgment constitutes ground for dissolution

Ratio Decidendi

Res judicata does not bar the appellant from seeking dissolution of marriage on grounds arising after the previous judgment, specifically the respondent's refusal to return to the matrimonial home.

Court Disposition

appeal allowed

Orders

Order of the court below set aside
Record returned to the court for formal proof