19760218 TZHC Mwanza

19760218 TZHC Mwanza

The respondent's 11-year desertion of the appellant justified the dissolution of marriage. The custody of the five children should be with the appellant, their mother, as she has raised and cared for them, and the respondent has had no involvement in their upbringing.

Source-derived case information.

Citation
19760218 TZHC Mwanza
Parties
Appellant: Tabufita; Respondent: Ng'hwelo Nzige
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 February 1976
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Divorce, Child Custody, Desertion
Source Language
english
Family Law Divorce Child Custody Desertion

Source-derived case record

Summary, issues, holding and outcome

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Parties

Tabufita

Appellant

Ng'hwelo Nzige

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the dissolution of marriage was proper given the circumstances of desertion
  2. 2 Whether the custody of the children was correctly awarded

Ratio Decidendi

The respondent's 11-year desertion of the appellant justified the dissolution of marriage. The custody of the five children should be with the appellant, their mother, as she has raised and cared for them, and the respondent has had no involvement in their upbringing.

Court Disposition

appeal allowed in part

Orders

  • Custody order of the Primary Court set aside
  • Custody of Charles, Alfred, Deo, Regina, and Paschal awarded to the appellant