19820223 TZCA Dar es Salaam
The appeal is dismissed because the petition was filed without the required Conciliation Board certificate, rendering it incompetent. Costs in the High Court are awarded to the successful party (respondent) as there was no reason given for denying costs.
Source-derived case information.
- Citation
- 19820223 TZCA Dar es Salaam
- Parties
- Appellant: Issac Lazaro Mowo; Respondent: Shobe Issac Lazaro Mowu
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 23 February 1982
- Procedural Posture
- Civil Appeal / Appeal From High Court Judgment
- Outcome
- Appeal dismissed with costs; order for costs in the High Court set aside and substituted with an order awarding costs to the respondent.
- Legal Topics
- Law of Marriage Act, Conciliation Board Certificate, Costs in Matrimonial Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Issac Lazaro Mowo
Appellant
Shobe Issac Lazaro Mowu
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Legal Issues
- 1 Whether the absence of a Conciliation Board certificate renders the petition incompetent
- 2 Whether costs should have been awarded to the successful party in the High Court
Ratio Decidendi
The appeal is dismissed because the petition was filed without the required Conciliation Board certificate, rendering it incompetent. Costs in the High Court are awarded to the successful party (respondent) as there was no reason given for denying costs.
Court Disposition
Appeal dismissed with costs; order for costs in the High Court set aside and substituted with an order awarding costs to the respondent.
Orders
- Appeal dismissed with costs
- Order for costs in the High Court set aside
Full Case Text
Judgment text and source record
1 paragraphs
0/. II \. - . ( / IN THE COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM (CORAM: Mustafa, J.A. 1 Mwakasendo, J.A. and Kisanqa, J.A.) CIVIL APPEAL NO.23 OF 1981 BET WE Er.N ISSAC LAZARO MOWO ••••••••••••••••••••••••••••••••••• APPELLANT AND SHOBE ISSAC LAZARO MOWU ••••••••••••••••••••••••••••• RESPONDENT (Appeal fr~m the Judgement of t~e ~igh Court of Tanzania at Dar es Salaam (Mnzavas, J.K.) dated the 27th dqy of Aug:ist, 1981. in Matrimouial Cause No.19 of 1979 Jl•i)c:;··;:::i;·~- o:· ·r-, ~ COUF:'.:' JUDGEMENT OF THE COURT MUSTAFA, J.A. When the petition was filed in the High Court no certificate from the Conciliation Board was filed with et.be 'papers as required by section "::'...106 (2) of the Law of Marriage Act. That would in itself make the ~-petition incompetent. In hi~ice affirming the decision of the High Court, the advocate for the respondent has therefore submitted that the appeal be dismissed. It is conceded by Mr~ Muccadam for the appellant that no certificate from the Board was filed. - . The appeal, therefore, is dismissed with costs. Mr. Lakha has cross appealed on the matter of costs. The trial judge dismissed the petition of the appellant, but stated "I make no order·as to costs". He gave no reason why he did not grant costs to tge successful party. Mr. Muccadam submitted that the trial judge must have exercised his discretion and had directed his mind to this .... , issu~. Gmnerally, costs follow the event, unless there arc reasons f-::,r not doing so. We have considered this matter and feel that Mr. Lakha's submission that his client should have costs in the High Court has merit. 2 We accordingly set aside the order for costs in the High Court and substitute therefore an order that costs in the High Court be awarded _to the wife/respondent., DATED AT DAR ES SALA/\M this 23rd day;-of February, 1982. (A. MUSTAFA) JUSTICE OF APPEAL (Y.M.M. MWAKASENDO) JUSTICE OF APPEAL (R.H. KISANGA) JUSTICE OF APPEAL I certify that. this ...:.. ;,:, . is a true copy of the original • ' ,, ./}/f-z I ti; A_A,'--;-.{J~ .. '.·' ( .A.A. k;ANDO) :✓ DEPUTY . REGISTRAR '-!,;/