19760421 TZHC Mwanza

19760421 TZHC Mwanza

The marriage was irreparably broken down due to prolonged separation and lack of reconciliation, largely caused by appellant's father's interference. Custody was granted to respondent as the child, being eight years old, was no longer in need of maternal care and welfare favored custody with the father.

Citation
19760421 TZHC Mwanza
Parties
Appellant: RTO. CH!;CIi.;; Respondent: SYVS ii CHL
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 April 1976
Procedural Posture
Civil Appeal / Final Appellate Decision
Outcome
appeal dismissed
Legal Topics
Dissolution of Marriage, Custody of Child
Source Language
English
Family Law Dissolution of Marriage Custody of Child

Case Brief

Summary, issues, holding and outcome

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Parties

RTO. CH!;CIi.;

Appellant

SYVS ii CHL

Respondent

Procedural Posture

Civil Appeal / Final Appellate Decision

Legal Issues

  1. 1 Whether the marriage between the parties should be dissolved
  2. 2 Who should be granted custody of the child

Ratio Decidendi

The marriage was irreparably broken down due to prolonged separation and lack of reconciliation, largely caused by appellant's father's interference. Custody was granted to respondent as the child, being eight years old, was no longer in need of maternal care and welfare favored custody with the father.

Court Disposition

appeal dismissed

Orders

  • Marriage dissolved
  • Custody of child granted to respondent