19801128 TZHC Dodoma
The trial court had no power to hear the petition for divorce without a certificate from the Marriage Conciliatory Board that it had failed to reconcile the parties; therefore, the decree issued by the Primary Court is set aside.
- Citation
- 19801128 TZHC Dodoma
- Parties
- Appellant: Ibrahim Rashid; Respondent: Kibibi Gwae
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 November 1980
- Procedural Posture
- Matrimonial Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Divorce, Marriage Conciliatory Board, Procedural Requirements
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ibrahim Rashid
Appellant
Kibibi Gwae
Respondent
Procedural Posture
Matrimonial Appeal / Judgment
Legal Issues
- 1 Whether the petition for divorce was properly before the court without reference to a Marriage Conciliatory Board
Ratio Decidendi
The trial court had no power to hear the petition for divorce without a certificate from the Marriage Conciliatory Board that it had failed to reconcile the parties; therefore, the decree issued by the Primary Court is set aside.
Court Disposition
appeal allowed
Orders
- decree of separation set aside
- each party to bear own costs
Full Case Text
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