20120921 TZHC Arusha

20120921 TZHC Arusha

The applicant is entitled to interim maintenance of Tshs. 200,000 per month for herself and the three children pending final determination of the main cause, as the respondent has not disputed joint ownership of properties and payment of school fees, and the applicant's need for maintenance is established. The parties are to maintain status quo regarding the listed properties, and the respondent must return the wearing apparels to the applicant.

Citation
20120921 TZHC Arusha
Parties
Applicant: Jenipher Danstar Isakwase; Respondent: Danstar Isakwase Ng'unda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 September 2012
Procedural Posture
Miscellaneous Civil Application / Interlocutory Application Pending Final Determination of Main Matrimonial Cause
Outcome
Application partly allowed
Legal Topics
Maintenance, Interim Relief, Matrimonial Property, Child Welfare
Source Language
English
Family Law Civil Procedure Maintenance Interim Relief Matrimonial Property Child Welfare

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Parties

Jenipher Danstar Isakwase

Applicant

Danstar Isakwase Ng'unda

Respondent

Procedural Posture

Miscellaneous Civil Application / Interlocutory Application Pending Final Determination of Main Matrimonial Cause

Legal Issues

  1. 1 Whether the applicant is entitled to interim maintenance for herself and the children pending final determination of the matrimonial cause
  2. 2 Whether the respondent should be ordered to return personal wearing apparels of the applicant and children
  3. 3 Whether the matrimonial properties should be attached or status quo maintained pending final determination

Ratio Decidendi

The applicant is entitled to interim maintenance of Tshs. 200,000 per month for herself and the three children pending final determination of the main cause, as the respondent has not disputed joint ownership of properties and payment of school fees, and the applicant's need for maintenance is established. The parties are to maintain status quo regarding the listed properties, and the respondent must return the wearing apparels to the applicant.

Court Disposition

Application partly allowed

Orders

  • Respondent to pay Tshs. 200,000 per month for maintenance of applicant and three children pending final determination of the main cause
  • Parties to maintain status quo of the properties listed in annexture 'A' until final determination