19981201 TZHC Mbeya

19981201 TZHC Mbeya

The application is dismissed as time-barred and lacking any point of law warranting appeal. Statutory law governs maintenance and custody, and the applicant is liable for compensation as previously ordered.

Citation
19981201 TZHC Mbeya
Parties
Applicant: Sickson s/o Mateya; Respondent: Juma s/o Mtindya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 December 1998
Procedural Posture
Civil Appeal / Application for Leave to Appeal to Court of Appeal
Outcome
Application dismissed with costs
Legal Topics
Custody of Children, Maintenance Compensation, Dowry Refund, Limitation of Actions
Source Language
English
Family Law Civil Procedure Custody of Children Maintenance Compensation Dowry Refund Limitation of Actions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Sickson s/o Mateya

Applicant

Juma s/o Mtindya

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the application for leave to appeal is time-barred
  2. 2 Whether maintenance compensation for children is governed by statutory or customary law
  3. 3 Whether the applicant is liable to pay compensation for maintenance of children

Ratio Decidendi

The application is dismissed as time-barred and lacking any point of law warranting appeal. Statutory law governs maintenance and custody, and the applicant is liable for compensation as previously ordered.

Court Disposition

Application dismissed with costs

Orders

  • Applicant to pay one head of cattle at current market price as assessed by Itumba Primary Court
  • Applicant to pay taxed costs of shs.1,010/= with 12% court interest from 16/2/87 until payment