joshi vs gintex suppliers others 1998 tzhc 2 1 january 1998

joshi vs gintex suppliers others 1998 tzhc 2 1 january 1998

Section 160 of the Law of Marriage Act does not apply to parties knowingly engaged in an adulterous relationship without capacity to marry; thus, the trial court erred in dividing property as if there was a presumption of marriage. The plaintiff failed to discharge the burden of proof regarding joint acquisition and financing of property. The plaint did not disclose a cause of action under the Law of Marriage Act, and the appeal is allowed.

Citation
joshi vs gintex suppliers others 1998 tzhc 2 1 january 1998
Parties
Plaintiff: Mikesh Gavrishanker Joshi; First Defendant: Gintex Suppliers; Second Defendant: The Dar es Salaam City Commission; Third Defendant: Dr. Charles Tizeba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1998
Procedural Posture
Civil Appeal / Judgment on Appeal Regarding Preliminary Objections and Merits
Outcome
Appeal allowed with costs.
Legal Topics
Presumption of Marriage, Division of Property, Cohabitation, Burden of Proof, Adulterous Relationships, Jurisdiction, Preliminary Objection
Source Language
English
Civil Law Family Law Property Law Presumption of Marriage Division of Property Cohabitation Burden of Proof Adulterous Relationships +2 more

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Parties

Mikesh Gavrishanker Joshi

Plaintiff

Gintex Suppliers

First Defendant

The Dar es Salaam City Commission

Second Defendant

Dr. Charles Tizeba

Third Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal Regarding Preliminary Objections and Merits

Legal Issues

  1. 1 Whether the plaint discloses a cause of action
  2. 2 Whether Section 160 of the Law of Marriage Act applies to parties in adulterous cohabitation
  3. 3 Whether the trial court erred in dividing property acquired during cohabitation

Ratio Decidendi

Section 160 of the Law of Marriage Act does not apply to parties knowingly engaged in an adulterous relationship without capacity to marry; thus, the trial court erred in dividing property as if there was a presumption of marriage. The plaintiff failed to discharge the burden of proof regarding joint acquisition and financing of property. The plaint did not disclose a cause of action under the Law of Marriage Act, and the appeal is allowed.

Court Disposition

Appeal allowed with costs.

Orders

  • Trial court's decision set aside.
  • Plaintiff's claims under Section 160 of the Law of Marriage Act dismissed.