19941202 TZHC Dar es Salaam

IN THE HIGH COUP..T OF TA~ZANIA

AT DAR ES SALAAM PC. MATtlMONIAL CIVIL APPEAL N0.15/88 (From the decision of ~~strict Court of Morogo.ro Dist~ict at Moro€,'oroLCivil Appeal No. 37 of 1988 Original Civil C~se No. 42 of 1988 of Primary Court l'forogoro, OMARY ABDALLl-i.F ~ •• ♦ I. 0. 0 0 o e. 0. ~ •••••.••• AIPELLANT versus MWASHAMBA OI1iillI • • • . • • • • . • • • • . • • • • • . . • • RESPONDENT JUDuMENT ..MhIN.A , J •. . 1':1.L1. This is a second appeal bS Omari A~dallah against the decree of divorce issued by the urban primary court, Morogoro. His appeal to the die~rict court was dismi.sse<l. The evic'.ence established tha1· the appellant was married to the respondent, MwashaJJil:)a Omari in 1979 under Islamj_c law, and there were three children to the marriage. Two of the children ci;ied 1 and there were allegations by the respondent that tle appellant caused the death cf the children by witchcraft. These.allega- tions caused misunderstandings betwee~ the parties and frequent quarrels, and finally separa~~on. The allegation.that the appellant ·11as practising witchcraft was supported by Maangaza.Mwu..yimvua who said that the appellant admitted hew~~ uaing instruments of witchcraft; but denied having caused . deaths of his children, This was a case where the parties could not 'be reconciled because of frequent quarrels over petty matters. Efforts to reconcile them failed. In fact the respondent had left

the matrirrionia1. home for go.od •••.. /2 since 1988 because of her belief that the hu~band had ·bewitched the childrun who died. The marriage had irreparably broken <.J·::n and· there was nothing which could be done to sa,re that marriage. I uphold the decision of the l0w0~ courts which dissolved .. the marriage .. The appollant has not raised any matters_ of substance in thJ wemorandum of appealo The appeal -:·., .. ·dismiss.eel. tlA4A.M- w. J', MA.INA J"tJDGE / 2nd December 1994 Both parties absent.