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
Summary, issues, holding and outcome
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Parties
Rehema M. Masoud
Appellant
Bikiri Idd Karugutu
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the marriage between the parties was validly dissolved by Islamic talaq
- 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
Full Case Text
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