19820424 TZHC Dar es Salaam

The marriage had irretrievably broken down and a decree of divorce was necessary; however, the appellant was not required to pay the sum demanded for the divorce.

Citation: 19820424 TZHC Dar es Salaam
Parties: Appellant/petitioner: Hadija August; Respondent: Osman Ibrahim
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 24 April 1982
Procedural Posture: International Civil Appeal / Appellate
Outcome: Appeal allowed; marriage dissolved without payment by appellant.
Legal Topics: Divorce, Custody, Islamic Law
Source Language: English

Family Law Divorce Custody Islamic Law

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Hadija August

Appellant/petitioner

Osman Ibrahim

Respondent

Procedural Posture

International Civil Appeal / Appellate

Legal Issues

1 Whether the marriage had irretrievably broken down
2 Whether the appellant was required to pay to obtain a divorce under Islamic law
3 Custody of the child post-divorce

Ratio Decidendi

The marriage had irretrievably broken down and a decree of divorce was necessary; however, the appellant was not required to pay the sum demanded for the divorce.

Court Disposition

Appeal allowed; marriage dissolved without payment by appellant.

Orders

Marriage between the parties is dissolved.
Appellant does not have to pay Kshs. 2200/- to obtain the divorce.