19810626 TZHC Dar es Salaam

19810626 TZHC Dar es Salaam

There was insufficient evidence to support dissolution of the marriage under Section 107(3) of the Law of Marriage Act, 1971; mutual separation did not constitute grounds attributable to either party's conduct.

Citation
19810626 TZHC Dar es Salaam
Parties
Appellant: Iddi s/o Mulick; Respondent: Hadija d/o Iddi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 June 1981
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Marriage Dissolution, Islamic Marriage, Grounds for Divorce
Source Language
English
Family Law Marriage Dissolution Islamic Marriage Grounds for Divorce

Case Brief

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Parties

Iddi s/o Mulick

Appellant

Hadija d/o Iddi

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether sufficient grounds existed under Section 107(3) of the Law of Marriage Act, 1971 to warrant dissolution of the marriage

Ratio Decidendi

There was insufficient evidence to support dissolution of the marriage under Section 107(3) of the Law of Marriage Act, 1971; mutual separation did not constitute grounds attributable to either party's conduct.

Court Disposition

appeal allowed

Orders

  • Lower court decision to dissolve the marriage set aside
  • Marriage pronounced still valid