19760917 TZHC Mwanza

The marriage had irreparably broken down, primarily due to the respondent's actions, justifying the grant of divorce; the maintenance order was set aside due to appellant's lack of known income.

Citation: 19760917 TZHC Mwanza
Parties: Appellant: S.P. JILI MAPWJ; Respondent: WIN K3Rtjrc/IT4
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 17 September 1976
Procedural Posture: Civil Appeal / Judgment
Outcome: Appeal dismissed as to divorce, allowed as to maintenance
Legal Topics: Divorce, Child Custody, Maintenance
Source Language: English

Family Law Divorce Child Custody Maintenance

Case Brief

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Parties

S.P. JILI MAPWJ

Appellant

WIN K3Rtjrc/IT4

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the appellant was guilty of wilful neglect and constructive desertion
2 Whether the respondent was entitled to divorce
3 Whether the appellant should pay monthly maintenance for the children

Ratio Decidendi

The marriage had irreparably broken down, primarily due to the respondent's actions, justifying the grant of divorce; the maintenance order was set aside due to appellant's lack of known income.

Court Disposition

Appeal dismissed as to divorce, allowed as to maintenance

Orders

Divorce granted
Maintenance order of shs 50/- per month set aside