19810801 TZHC Dar es Salaam

19810801 TZHC Dar es Salaam

The evidence established that the appellant was cruel, married a second wife, and neglected the respondent, resulting in the irreparable breakdown of the marriage. The appeal was dismissed as the union could no longer be considered a marriage.

Citation
19810801 TZHC Dar es Salaam
Parties
Appellant: Simon s/o Madenge; Respondent: Mariani d/o Hussein
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 August 1981
Procedural Posture
Matrimonial Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Divorce, Matrimonial Breakdown, Cruelty
Source Language
English
Family Law Divorce Matrimonial Breakdown Cruelty

Case Brief

Summary, issues, holding and outcome

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Parties

Simon s/o Madenge

Appellant

Mariani d/o Hussein

Respondent

Procedural Posture

Matrimonial Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the marriage between the parties had irretrievably broken down
  2. 2 Whether the appellant was guilty of cruelty and neglect

Ratio Decidendi

The evidence established that the appellant was cruel, married a second wife, and neglected the respondent, resulting in the irreparable breakdown of the marriage. The appeal was dismissed as the union could no longer be considered a marriage.

Court Disposition

appeal dismissed