magreth mukama vs bruno mukama 2005 tzhc 195 25 august 2005

The trial court correctly declined to grant the order for eviction from the matrimonial home as it lacked jurisdiction, which is vested in the Regional Housing Tribunal by statute.

Citation: magreth mukama vs bruno mukama 2005 tzhc 195 25 august 2005
Parties: Applicant: Magreth Mukama; Respondent: Bruno Mukama
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 25 August 2005
Procedural Posture: Civil Revision / Ruling on Application for Revision
Outcome: Application for revision not granted; trial court order upheld.
Legal Topics: Maintenance, Matrimonial Home, Jurisdiction, Landlord and Tenant, Revision
Source Language: English

Family Law Civil Procedure Maintenance Matrimonial Home Jurisdiction Landlord and Tenant Revision

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Magreth Mukama

Applicant

Bruno Mukama

Respondent

Procedural Posture

Civil Revision / Ruling on Application for Revision

Legal Issues

1 Whether the trial court erred in refusing to grant the applicant and issues residence in the matrimonial home
2 Whether the trial court had jurisdiction to order eviction of a tenant from the matrimonial home

Ratio Decidendi

The trial court correctly declined to grant the order for eviction from the matrimonial home as it lacked jurisdiction, which is vested in the Regional Housing Tribunal by statute.

Court Disposition

Application for revision not granted; trial court order upheld.

Orders

Application not granted
No order for costs