mayengo vs malembeka 2005 tzca 54 13 september 200

mayengo vs malembeka 2005 tzca 54 13 september 200

The marriage had broken down beyond repair as evidenced by the parties' conduct, failed reconciliation, and lack of willingness to continue the union, thus warranting dissolution under Section 110(1) of the Law of Marriage Act, 1971.

Citation
mayengo vs malembeka 2005 tzca 54 13 september 200
Parties
Appellant: John David Mayengo; Respondent: Catherina Malembeka
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 January 2005
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal allowed
Legal Topics
Divorce, Matrimonial Breakdown, Dissolution of Marriage, Custody, Matrimonial Property
Source Language
English
Family Law Divorce Matrimonial Breakdown Dissolution of Marriage Custody Matrimonial Property

Case Brief

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Parties

John David Mayengo

Appellant

Catherina Malembeka

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the marriage between the appellant and respondent had broken down irreparably warranting dissolution

Ratio Decidendi

The marriage had broken down beyond repair as evidenced by the parties' conduct, failed reconciliation, and lack of willingness to continue the union, thus warranting dissolution under Section 110(1) of the Law of Marriage Act, 1971.

Court Disposition

appeal allowed

Orders

  • Order of the first appellate court declaring the marriage subsisting is quashed.
  • Order of the trial court dissolving the marriage is restored.