19960513 TZHC Dar es Salaam

The marriage had broken down irreparably due to the appellant's refusal to cohabit, use of contraceptives without consent, refusal of sexual intercourse, possession of charms, and unexplained money. The requirement for the appellant to pay to obtain a divorce was not supported by law. The marriage was dissolved under section 99 of the Law of Marriage Act 1971.

Citation: 19960513 TZHC Dar es Salaam
Parties: Appellant: Hamisa Iddi; Respondent: Mohamed Rahadhani
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 13 May 1996
Procedural Posture: Civil Appeal / Judgment on Second Appeal From District Court Decision
Outcome: Appeal allowed. Marriage dissolved.
Legal Topics: Divorce, Islamic Marriage, Dowry, Irreparable Breakdown of Marriage
Source Language: English

Family Law Divorce Islamic Marriage Dowry Irreparable Breakdown of Marriage

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Parties

Hamisa Iddi

Appellant

Mohamed Rahadhani

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal From District Court Decision

Legal Issues

1 Whether the marriage between the appellant and respondent had broken down irreparably under the Law of Marriage Act 1971
2 Whether the appellant was required to pay the respondent to obtain a divorce

Ratio Decidendi

Court Disposition

Appeal allowed. Marriage dissolved.

Orders

Marriage between appellant and respondent dissolved under section 99 of the Law of Marriage Act 1971.
Respondent is free to claim a refund of dowry paid or part thereof if he so wishes.