19860531 TZHC Mwanza

19860531 TZHC Mwanza

The marriage had irreparably broken down due to cruelty and sexual perversion by the appellant. The four children born out of adultery belong to the maternal side unless legitimized by the appellant. The appellant is not entitled to costs as he failed to prove the respondent's means and lost the appeal.

Citation
19860531 TZHC Mwanza
Parties
Appellant: Hussein s/o July; Respondent: Zena d/o Malale
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 May 1986
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Dissolution of Marriage, Custody of Children, Customary Law, Illegitimate Children, Costs in Matrimonial Proceedings
Source Language
English
Family Law Dissolution of Marriage Custody of Children Customary Law Illegitimate Children Costs in Matrimonial Proceedings

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Parties

Hussein s/o July

Appellant

Zena d/o Malale

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the marriage between the parties had irreparably broken down
  2. 2 Custody and status of children born out of adultery
  3. 3 Entitlement to costs in matrimonial proceedings

Ratio Decidendi

The marriage had irreparably broken down due to cruelty and sexual perversion by the appellant. The four children born out of adultery belong to the maternal side unless legitimized by the appellant. The appellant is not entitled to costs as he failed to prove the respondent's means and lost the appeal.

Court Disposition

Appeal dismissed

Orders

  • Each party to bear his/her own costs