20071212 TZCA Zanzibar 1

20071212 TZCA Zanzibar 1

A matrimonial cause, though initiated by petition, is a suit under the Matrimonial Proceedings Decree and Civil Procedure Decree; therefore, an appeal does not require leave under section 5(1)(a) of the Appellate Jurisdiction Act. The absence of the main proceedings in the record does not render the appeal...

Source-derived case information.

Citation
20071212 TZCA Zanzibar 1
Parties
Appellant: Maria Tereza De Costa; Respondent: Tito De Costa
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 December 2007
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed
Legal Topics
Appeals, Matrimonial Causes, Jurisdiction, Foreign Judgments, Costs
Source Language
english
Family Law Civil Procedure Appeals Matrimonial Causes Jurisdiction Foreign Judgments Costs

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Parties

Maria Tereza De Costa

Appellant

Tito De Costa

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether leave to appeal was required for a matrimonial cause under section 5(1)(a) of the Appellate Jurisdiction Act
  2. 2 Whether the appeal record was incomplete for lack of proceedings from the main matrimonial cause
  3. 3 Whether costs should be personally borne by the appellant's advocate

Ratio Decidendi

A matrimonial cause, though initiated by petition, is a suit under the Matrimonial Proceedings Decree and Civil Procedure Decree; therefore, an appeal does not require leave under section 5(1)(a) of the Appellate Jurisdiction Act. The absence of the main proceedings in the record does not render the appeal incompetent as the High Court's decision was based solely on the foreign judgment. Costs are not to be personally imposed on the advocate as no negligence or misconduct was established.

Court Disposition

Preliminary objection dismissed

Orders

  • Notice of preliminary objection rejected
  • Each party to bear its own costs