19860310 TZHC Dar es Salaam

19860310 TZHC Dar es Salaam

The trial court's finding of cruelty was supported by the appellant's own admissions and the credibility of the witnesses. The welfare of the children, being of tender age and girls, is best served by remaining with their mother. The appeal fails on both grounds.

Citation
19860310 TZHC Dar es Salaam
Parties
Appellant: Fares Munema; Respondent: Asha Munema
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 March 1986
Procedural Posture
Miscellaneous Civil Appeal / Appellate Judgment
Outcome
Appeal dismissed
Legal Topics
Judicial Separation, Custody of Children, Cruelty, Law of Marriage Act
Source Language
English
Family Law Judicial Separation Custody of Children Cruelty Law of Marriage Act

Case Brief

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Parties

Fares Munema

Appellant

Asha Munema

Respondent

Procedural Posture

Miscellaneous Civil Appeal / Appellate Judgment

Legal Issues

  1. 1 Whether the appellant was guilty of cruelty justifying judicial separation
  2. 2 Whether custody of the children should remain with the respondent

Ratio Decidendi

The trial court's finding of cruelty was supported by the appellant's own admissions and the credibility of the witnesses. The welfare of the children, being of tender age and girls, is best served by remaining with their mother. The appeal fails on both grounds.

Court Disposition

Appeal dismissed

Orders

  • Custody of the two children to remain with the respondent until further orders
  • Father to have access to the children at all reasonable times