lazaro so peter vs leah do mayara 2020 tzhc 712 30 april 2020

lazaro so peter vs leah do mayara 2020 tzhc 712 30 april 2020

The dispute was properly referred to the marriage conciliatory board and a valid certificate was issued. The marriage was irreparably broken down due to cruelty and separation. The respondent is fit for custody, and the appellant is legally obliged to maintain the child.

Citation
lazaro so peter vs leah do mayara 2020 tzhc 712 30 april 2020
Parties
Appellant: Lazaro S/O Peter; Respondent: Leah D/O Jacob Mayara
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 April 2020
Procedural Posture
Matrimonial Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Divorce, Child Custody, Maintenance, Procedure for Matrimonial Disputes
Source Language
English
Family Law Divorce Child Custody Maintenance Procedure for Matrimonial Disputes

Case Brief

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Parties

Lazaro S/O Peter

Appellant

Leah D/O Jacob Mayara

Respondent

Procedural Posture

Matrimonial Appeal / Final Judgment

Legal Issues

  1. 1 Whether the dispute was properly referred to the marriage conciliation board before filing for divorce
  2. 2 Whether the marriage was irreparably broken down
  3. 3 Whether the respondent is fit for custody of the child

Ratio Decidendi

The dispute was properly referred to the marriage conciliatory board and a valid certificate was issued. The marriage was irreparably broken down due to cruelty and separation. The respondent is fit for custody, and the appellant is legally obliged to maintain the child.

Court Disposition

appeal dismissed

Orders

  • Marriage dissolution upheld
  • Custody of the child granted to respondent