19760902 TZHC Arusha

19760902 TZHC Arusha

The appellate court held that the respondent proved, on a balance of probabilities, that the parties lived apart for seventeen months and was entitled to maintenance for that period. However, the trial court's assessment of the appellant's ability to pay should not be disturbed unless shown to be clearly wrong.

Citation
19760902 TZHC Arusha
Parties
Appellant: Timirl. [Serl. O.; Respondent: Bertha Lnlseli
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 September 1976
Procedural Posture
Civil Appeal / Appellate
Outcome
appeal dismissed
Legal Topics
Maintenance, Child Support, Quantum of Maintenance, Assessment of Means
Source Language
English
Family Law Maintenance Child Support Quantum of Maintenance Assessment of Means

Case Brief

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Parties

Timirl. [Serl. O.

Appellant

Bertha Lnlseli

Respondent

Procedural Posture

Civil Appeal / Appellate

Legal Issues

  1. 1 Whether the respondent was entitled to maintenance for the claimed period
  2. 2 Whether the quantum of maintenance awarded was appropriate

Ratio Decidendi

The appellate court held that the respondent proved, on a balance of probabilities, that the parties lived apart for seventeen months and was entitled to maintenance for that period. However, the trial court's assessment of the appellant's ability to pay should not be disturbed unless shown to be clearly wrong.

Court Disposition

appeal dismissed

Orders

  • Maintenance awarded for seventeen months as claimed by respondent
  • Quantum of maintenance as assessed by trial court to stand