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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the appellant's conduct justified dissolution of marriage under section 107(d) of the Law of Marriage Act 1971
- 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
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