19820729 TZHC Dar es Salaam

19820729 TZHC Dar es Salaam

Since the matrimonial dispute arose in Mwanza and a suit between the same parties on the same issues has already been decided by the Mwanza RM's Court, the High Court at Dar es Salaam lacks jurisdiction and the present suit is superfluous and must be dismissed.

Citation
19820729 TZHC Dar es Salaam
Parties
Petitioner: Angelina Mibazi; Respondent: Medad Mibazi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 July 1982
Procedural Posture
Matrimonial Cause / Ruling on Jurisdictional Objection and Dismissal
Outcome
Petition dismissed as superfluous due to prior decision in Mwanza RM's Court.
Legal Topics
Jurisdiction, Divorce, Res Judicata
Source Language
English
Family Law Civil Procedure Jurisdiction Divorce Res Judicata

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Parties

Angelina Mibazi

Petitioner

Medad Mibazi

Respondent

Procedural Posture

Matrimonial Cause / Ruling on Jurisdictional Objection and Dismissal

Legal Issues

  1. 1 Whether the High Court at Dar es Salaam has jurisdiction to hear the divorce petition given a similar petition was filed in Mwanza RM's Court
  2. 2 Whether the existence of a prior decided suit between the same parties on the same issues renders the present suit superfluous

Ratio Decidendi

Since the matrimonial dispute arose in Mwanza and a suit between the same parties on the same issues has already been decided by the Mwanza RM's Court, the High Court at Dar es Salaam lacks jurisdiction and the present suit is superfluous and must be dismissed.

Court Disposition

Petition dismissed as superfluous due to prior decision in Mwanza RM's Court.

Orders

  • Matrimonial Cause No. 3 of 1982 before the High Court at Dar es Salaam is dismissed.
  • No order as to costs.