gift samwel kasago vs mark raphael kihwele 2023 tzhc 19408 31 july 2023

The marriage has broken down beyond repair, both parties agree to divorce, and the deed of settlement should be honored; divorce is inevitable.

Citation: gift samwel kasago vs mark raphael kihwele 2023 tzhc 19408 31 july 2023
Parties: Appellant: Gift Samwel Kasago; Respondent: Mark Raphael Kihwele
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 31 July 2023
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Divorce, Custody, Child Maintenance, Settlement Agreements
Source Language: English

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Gift Samwel Kasago

Appellant

Mark Raphael Kihwele

Respondent

Civil Appeal / Judgment

1 Whether the trial court erred by disregarding the deed of settlement and refusing to grant divorce
2 Whether the trial court failed to consider section 9 of the Law of Marriage Act
3 Whether the trial court neglected evidence of irreparable breakdown of marriage

The marriage has broken down beyond repair, both parties agree to divorce, and the deed of settlement should be honored; divorce is inevitable.

appeal allowed

Decree of divorce granted.
Shared custody of children under care of appellant, with equal rights during school holidays.