19810512 TZHC Dar es Salaam

19810512 TZHC Dar es Salaam

The court found the appellant's claim of expulsion due to a quarrel between children to be incredible and accepted the respondent's account that jealousy was the cause of her departure. The marriage was not found to have broken down beyond repair, so the appeal was dismissed.

Citation
19810512 TZHC Dar es Salaam
Parties
Appellant: Oteja d/o Omari; Respondent: Amanzi Saidi s/o Saidi Funde
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 May 1981
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Marriage Dissolution, Desertion, Appeal Procedure
Source Language
English
Family Law Marriage Dissolution Desertion Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Oteja d/o Omari

Appellant

Amanzi Saidi s/o Saidi Funde

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the marriage had broken down beyond repair due to alleged desertion
  2. 2 Whether the primary court erred in preferring the respondent's version over the appellant's

Ratio Decidendi

The court found the appellant's claim of expulsion due to a quarrel between children to be incredible and accepted the respondent's account that jealousy was the cause of her departure. The marriage was not found to have broken down beyond repair, so the appeal was dismissed.

Court Disposition

appeal dismissed