19920625 TZHC Dodoma

19920625 TZHC Dodoma

The appellant's conduct, including neglect and failure to provide for the respondent, constituted matrimonial offences sufficient under section 107(d) of the Law of Marriage Act 1971 to warrant dissolution of the marriage. The marriage had irretrievably broken down and could not be salvaged.

Citation
19920625 TZHC Dodoma
Parties
Appellant: Samwel Mohamed; Respondent: Fatuma Issa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 June 1992
Procedural Posture
Civil Appeal / Second Appeal From District Court Decision, Originating From Primary Court
Outcome
Appeal dismissed
Legal Topics
Divorce, Matrimonial Offences, Breakdown of Marriage
Source Language
English

Case Brief

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Parties

Samwel Mohamed

Appellant

Fatuma Issa

Respondent

Procedural Posture

Civil Appeal / Second Appeal From District Court Decision, Originating From Primary Court

  1. 1 Whether the appellant's conduct justified dissolution of marriage under section 107(d) of the Law of Marriage Act 1971
  2. 2 Whether the lower courts correctly found irretrievable breakdown of marriage

Ratio Decidendi

The appellant's conduct, including neglect and failure to provide for the respondent, constituted matrimonial offences sufficient under section 107(d) of the Law of Marriage Act 1971 to warrant dissolution of the marriage. The marriage had irretrievably broken down and could not be salvaged.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs
  • Leave to appeal granted