19820424 TZHC Mwanza 1

19820424 TZHC Mwanza 1

The marriage had irreparably broken down due to the respondent's conduct, including extramarital affairs and refusal to cohabit, and statutory grounds for divorce were satisfied despite the appellant's arguments.

Source-derived case information.

Citation
19820424 TZHC Mwanza 1
Parties
Appellant: Selemani Kitwara; Respondent: Amina Abdallah
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 April 1982
Procedural Posture
Miscellaneous Civil Cause / Appeal From District Court Decision
Outcome
Appeal dismissed; trial court's verdict upheld.
Legal Topics
Divorce, Islamic Marriage, Irreparable Breakdown, Maintenance, Custody
Source Language
english
Family Law Divorce Islamic Marriage Irreparable Breakdown Maintenance Custody

Source-derived case record

Summary, issues, holding and outcome

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Parties

Selemani Kitwara

Appellant

Amina Abdallah

Respondent

Procedural Posture

Miscellaneous Civil Cause / Appeal From District Court Decision

Legal Issues

  1. 1 Whether the marriage had irreparably broken down
  2. 2 Whether the respondent was entitled to initiate divorce
  3. 3 Whether the appellant neglected or deserted the respondent

Ratio Decidendi

The marriage had irreparably broken down due to the respondent's conduct, including extramarital affairs and refusal to cohabit, and statutory grounds for divorce were satisfied despite the appellant's arguments.

Court Disposition

Appeal dismissed; trial court's verdict upheld.

Orders

  • Divorce granted; no custody orders specified.