selina chibago vs finihas chibago 2013 tzca 428 16 july 2013

selina chibago vs finihas chibago 2013 tzca 428 16 july 2013

Given the nature of the case, the manner in which it was handled by the lower courts, and the need for correct interpretation of section 99 of the Law of Marriage Act, 1971, the Court found that the case merits serious consideration by the Court of Appeal and granted leave to appeal.

Citation
selina chibago vs finihas chibago 2013 tzca 428 16 july 2013
Parties
Applicant: Selina Chibago; Respondent: Finihas Chibago
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 July 2013
Procedural Posture
Civil Application for Leave to Appeal / Application for Leave to Appeal to the Court of Appeal
Outcome
leave to appeal granted
Legal Topics
Leave to Appeal, Dissolution of Marriage, Custody of Children, Division of Matrimonial Assets, Maintenance of Children
Source Language
English
Family Law Civil Procedure Leave to Appeal Dissolution of Marriage Custody of Children Division of Matrimonial Assets Maintenance of Children

Case Brief

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Parties

Selina Chibago

Applicant

Finihas Chibago

Respondent

Procedural Posture

Civil Application for Leave to Appeal / Application for Leave to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether the applicant was denied a hearing before orders were made by the trial court
  2. 2 Whether the trial court failed to consider maintenance of infant children
  3. 3 Whether the distribution of matrimonial assets was done according to statutory requirements

Ratio Decidendi

Given the nature of the case, the manner in which it was handled by the lower courts, and the need for correct interpretation of section 99 of the Law of Marriage Act, 1971, the Court found that the case merits serious consideration by the Court of Appeal and granted leave to appeal.

Court Disposition

leave to appeal granted

Orders

  • The applicant is granted leave to appeal to the Court of Appeal.
  • The appeal is to be lodged within 60 days from 10th July, 2013.