19830806 TZHC Dar es Salaam

19830806 TZHC Dar es Salaam

There was insufficient evidence to conclude the marriage had irretrievably broken down; statutory requirements for dissolution were not met.

Citation
19830806 TZHC Dar es Salaam
Parties
Appellant: Mariam Omary; Respondent: Said Omary
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 August 1983
Procedural Posture
Matrimonial Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Marriage Dissolution, Islamic Law, Application of Statutory Law
Source Language
English

Case Brief

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Parties

Mariam Omary

Appellant

Said Omary

Respondent

Procedural Posture

Matrimonial Civil Appeal / Final Appellate Judgment

  1. 1 Whether the marriage between the parties has irretrievably broken down warranting dissolution under statutory law rather than Islamic law

Ratio Decidendi

There was insufficient evidence to conclude the marriage had irretrievably broken down; statutory requirements for dissolution were not met.

Court Disposition

appeal dismissed

Orders

  • decision of district court upheld
  • each party to bear own costs