19890215 TZHC Dar es Salaam

The court held that cohabitation and reputation as husband and wife, along with children born to the couple, create a presumption of marriage under section 130(1), even absent a formal ceremony.

Citation: 19890215 TZHC Dar es Salaam
Parties: Applicant: S.ALIJIJI; Respondent: D/O KIJJI..-:.'.
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 15 February 1989
Procedural Posture: Civil / Ruling
Outcome: presumption of marriage upheld
Legal Topics: Marriage Validity, Cohabitation, Presumption of Marriage
Source Language: English

Family Law Marriage Validity Cohabitation Presumption of Marriage

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2

Parties

S.ALIJIJI

Applicant

D/O KIJJI..-:.'.

Respondent

Procedural Posture

Civil / Ruling

Legal Issues

1 Whether cohabitation and children born to a couple constitute a valid marriage under section 130(1)
2 Applicability of presumption of marriage in absence of formal ceremony

Ratio Decidendi

The court held that cohabitation and reputation as husband and wife, along with children born to the couple, create a presumption of marriage under section 130(1), even absent a formal ceremony.

Court Disposition

presumption of marriage upheld

Orders

Applicant and respondent are recognized as married under section 130(1).