mukama vs mukama 2005 tzhc 38 25 august 2005

mukama vs mukama 2005 tzhc 38 25 august 2005

The trial court correctly declined to grant the order for eviction from the matrimonial home as it lacked jurisdiction, which was vested in the Regional Housing Tribunal by statute. The maintenance order was properly granted under the Law of Marriage Act.

Citation
mukama vs mukama 2005 tzhc 38 25 august 2005
Parties
Applicant: Magreth Mukama; Respondent: Bruno Mukama
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 August 2005
Procedural Posture
Civil Revision / Ruling on Application for Revision
Outcome
Application for revision not granted; trial court order upheld; no order for costs.
Legal Topics
Maintenance, Jurisdiction, Matrimonial Home, Landlord and Tenant
Source Language
English
Family Law Civil Procedure Maintenance Jurisdiction Matrimonial Home Landlord and Tenant

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Parties

Magreth Mukama

Applicant

Bruno Mukama

Respondent

Procedural Posture

Civil Revision / Ruling on Application for Revision

Legal Issues

  1. 1 Whether the trial court erred in refusing to grant the applicant and issues residence in the matrimonial home
  2. 2 Whether the trial court had jurisdiction to order eviction of a tenant from the matrimonial home

Ratio Decidendi

The trial court correctly declined to grant the order for eviction from the matrimonial home as it lacked jurisdiction, which was vested in the Regional Housing Tribunal by statute. The maintenance order was properly granted under the Law of Marriage Act.

Court Disposition

Application for revision not granted; trial court order upheld; no order for costs.

Orders

  • Application for revision dismissed
  • Order of the trial court upheld