NA TZHC Dar es Salaam15
The marriage had irreparably broken down after nine years of separation, and the trial court properly awarded custody to the respondent based on the children's wishes and best interests. The appeal procedure under the Law of Marriage Act does not require attachment of a decree as per the Civil Procedure Code.
- Citation
- NA TZHC Dar es Salaam15
- Parties
- Appellant: Fares Munema; Respondent: Asha Munema
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 31 December 1976
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Divorce, Child Custody, Appeal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Fares Munema
Appellant
Asha Munema
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the marriage had irreparably broken down
- 2 Whether the trial court erred in awarding custody of the children to the respondent
- 3 Whether the appeal was incompetent for lack of a decree
Ratio Decidendi
The marriage had irreparably broken down after nine years of separation, and the trial court properly awarded custody to the respondent based on the children's wishes and best interests. The appeal procedure under the Law of Marriage Act does not require attachment of a decree as per the Civil Procedure Code.
Court Disposition
appeal dismissed
Orders
- No order as to costs
Full Case Text
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