19910812 TZHC Dar es Salaam

19910812 TZHC Dar es Salaam

The purported talaq was void and of no legal effect under the Law of Marriage Act, and only a court decree can dissolve a marriage, thus the District Court was correct in declaring the marriage subsisted.

Citation
19910812 TZHC Dar es Salaam
Parties
Appellant: Rehema M. Masoud; Respondent: Bikiri Idd Karugutu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 August 1991
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Marriage Dissolution, Islamic Law, Adultery, Jurisdiction of Marriage Laws
Source Language
English

Case Brief

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Parties

Rehema M. Masoud

Appellant

Bikiri Idd Karugutu

Respondent

Procedural Posture

Civil Appeal / Judgment

  1. 1 Whether the marriage between the parties was validly dissolved by Islamic talaq
  2. 2 Whether the District Court was correct in declaring the marriage subsisted

Ratio Decidendi

The purported talaq was void and of no legal effect under the Law of Marriage Act, and only a court decree can dissolve a marriage, thus the District Court was correct in declaring the marriage subsisted.

Court Disposition

appeal dismissed

Orders

  • Each party to bear their own costs before this Court