19870714 TZHC Dar es Salaam
A court cannot order spouses to live together; the primary court erred in compelling the appellant to return to the matrimonial home.
- Citation
- 19870714 TZHC Dar es Salaam
- Parties
- Appellant: Mariam Abdallah; Respondent: Ali Nassoro
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 14 July 1987
- Procedural Posture
- Matrimonial Civil Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Matrimonial Home, Desertion, Islamic Marriage, Law of Marriage Act
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mariam Abdallah
Appellant
Ali Nassoro
Respondent
Procedural Posture
Matrimonial Civil Appeal / Judgment
Legal Issues
- 1 Whether a court can compel a spouse to return to the matrimonial home
- 2 Validity of marriage under Islamic law
Ratio Decidendi
A court cannot order spouses to live together; the primary court erred in compelling the appellant to return to the matrimonial home.
Court Disposition
appeal allowed
Orders
- Order of the primary court requiring the appellant to live with the respondent is set aside.
Full Case Text
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