19870915 TZHC Dodoma

19870915 TZHC Dodoma

Repeated serious assaults by the respondent, corroborated by evidence and witnesses, constituted cruelty and irretrievable breakdown of the marriage, justifying restoration of the primary court's decision to dissolve the marriage.

Citation
19870915 TZHC Dodoma
Parties
Appellant: Julia Mlizengo; Respondent: Jackson Leganga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 September 1987
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Divorce, Domestic Violence, Irretrievable Breakdown of Marriage
Source Language
English

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Julia Mlizengo

Appellant

Jackson Leganga

Respondent

Procedural Posture

Civil Appeal / Judgment

  1. 1 Whether repeated assaults by the husband constitute irretrievable breakdown of marriage justifying divorce

Ratio Decidendi

Repeated serious assaults by the respondent, corroborated by evidence and witnesses, constituted cruelty and irretrievable breakdown of the marriage, justifying restoration of the primary court's decision to dissolve the marriage.

Court Disposition

appeal allowed

Orders

  • Decision of the District Court is set aside.
  • Decision of the Primary Court dissolving the marriage is restored.