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The appellant proved, on the balance of probabilities, that the respondent failed to provide maintenance for six months, as admitted before the reconciliation tribunal. The tribunal gave the respondent thirty days to comply, which he failed to do, justifying dissolution of marriage.

Citation
N
Parties
Appellant: Mwajabu Juma; Respondent: Bakari Abdallah
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1984
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal allowed
Legal Topics
Divorce, Maintenance, Marital Obligations
Source Language
English
Family Law Divorce Maintenance Marital Obligations

Case Brief

Summary, issues, holding and outcome

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Parties

Mwajabu Juma

Appellant

Bakari Abdallah

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the respondent failed to provide maintenance to the appellant and children
  2. 2 Whether the appellant proved her allegations on the balance of probabilities

Ratio Decidendi

The appellant proved, on the balance of probabilities, that the respondent failed to provide maintenance for six months, as admitted before the reconciliation tribunal. The tribunal gave the respondent thirty days to comply, which he failed to do, justifying dissolution of marriage.

Court Disposition

appeal allowed

Orders

  • Marriage dissolution confirmed
  • Respondent's appeal to district court reversed