19820216 TZCA Dar es Salaam2

19820216 TZCA Dar es Salaam2

The case should be remitted to the Primary Court for retrial to receive evidence regarding the existence of the second wife, the 11 children, the date of marriage, and separate valuation of the two houses, and to make an apportionment considering all relevant factors.

Source-derived case information.

Citation
19820216 TZCA Dar es Salaam2
Parties
Appellant: Sefu Yusufu; Respondent: Aziza Juma
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 February 1982
Procedural Posture
Civil Appeal / Remand for Retrial
Outcome
case remitted to Primary Court for retrial
Legal Topics
Apportionment of Property, Consideration of Additional Evidence, Remand for Retrial
Source Language
english
Family Law Apportionment of Property Consideration of Additional Evidence Remand for Retrial

Source-derived case record

Summary, issues, holding and outcome

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Parties

Sefu Yusufu

Appellant

Aziza Juma

Respondent

Procedural Posture

Civil Appeal / Remand for Retrial

Legal Issues

  1. 1 Whether the existence of the appellant's second wife and 11 children should be considered in the apportionment of property
  2. 2 Whether additional evidence should be taken regarding the second wife, children, and property valuation

Ratio Decidendi

The case should be remitted to the Primary Court for retrial to receive evidence regarding the existence of the second wife, the 11 children, the date of marriage, and separate valuation of the two houses, and to make an apportionment considering all relevant factors.

Court Disposition

case remitted to Primary Court for retrial

Orders

  • Primary Court to receive evidence on existence of second wife and 11 children, date of marriage, and valuation of two houses
  • Other relevant evidence to be received