hemed karugwe hemed vs mwajuma kisandu and four others 2022 tzhc 13506 30 september 2022

hemed karugwe hemed vs mwajuma kisandu and four others 2022 tzhc 13506 30 september 2022

The plaintiff failed to prove that the marriage between him and the first defendant was subsisting at the time of the second marriage. Evidence showed the marriage was dissolved under Islamic law and by the primary court. There was no evidence that the third, fourth, and fifth defendants contributed to the breakdown of the marriage. The suit was without legal basis and was dismissed with costs.

Citation
hemed karugwe hemed vs mwajuma kisandu and four others 2022 tzhc 13506 30 september 2022
Parties
Plaintiff: Hemed Karugwe Hemed; 1st Defendant: Mwajuma Kisandu; 2nd Defendant: Issa Juma; 3rd Defendant: Salum Yasini Kabunguru; 4th Defendant: Abdallah Mnyira; 5th Defendant: Njemba Halfan Njemba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 September 2022
Procedural Posture
Civil / Judgment
Outcome
suit dismissed with costs
Legal Topics
Divorce, Adultery, Damages, Marriage Dissolution
Source Language
English
Family Law Divorce Adultery Damages Marriage Dissolution

Case Brief

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Parties

Hemed Karugwe Hemed

Plaintiff

Mwajuma Kisandu

1st Defendant

Issa Juma

2nd Defendant

Salum Yasini Kabunguru

3rd Defendant

Abdallah Mnyira

4th Defendant

Njemba Halfan Njemba

5th Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether there was a legal marriage between the plaintiff and the first defendant
  2. 2 Whether the second defendant married the first defendant while the marriage between the plaintiff and the first defendant was still subsisting
  3. 3 Whether the third, fourth and fifth defendants contributed to the breakdown of the marriage between the plaintiff and the first defendant

Ratio Decidendi

The plaintiff failed to prove that the marriage between him and the first defendant was subsisting at the time of the second marriage. Evidence showed the marriage was dissolved under Islamic law and by the primary court. There was no evidence that the third, fourth, and fifth defendants contributed to the breakdown of the marriage. The suit was without legal basis and was dismissed with costs.

Court Disposition

suit dismissed with costs

Orders

  • The suit is dismissed with costs.