19821202 TZHC Dar es Salaam

19821202 TZHC Dar es Salaam

The evidence did not prove irreparable breakdown of the marriage, and the alleged adultery had been condoned by the respondent in 1977, barring its revival as grounds for divorce.

Source-derived case information.

Citation
19821202 TZHC Dar es Salaam
Parties
Appellant: Gadi Andrea; Respondent: Mrs. Agnes Youze
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 December 1982
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal allowed
Legal Topics
Divorce, Condonation, Adultery, Matrimonial Offence
Source Language
english
Family Law Divorce Condonation Adultery Matrimonial Offence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Gadi Andrea

Appellant

Mrs. Agnes Youze

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the marriage had broken down irreparably under section 107 of the Law of Marriage Act, 1971
  2. 2 Whether prior condonation of adultery bars revival of the offence as grounds for divorce

Ratio Decidendi

The evidence did not prove irreparable breakdown of the marriage, and the alleged adultery had been condoned by the respondent in 1977, barring its revival as grounds for divorce.

Court Disposition

appeal allowed

Orders

  • decision of District Court reversed
  • no order as to costs