19830906 TZHC Dar es Salaam
Divorce cannot be granted where the petition is based solely on the petitioner's own wrongdoing, and there was no valid certificate from the Conciliation Board confirming failure to reconcile, rendering the petition incompetent.
- Citation
- 19830906 TZHC Dar es Salaam
- Parties
- Respondent: Dalini Hassani; Appellant: Unnamed Appellant
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 6 September 1983
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- Appeal allowed; marriage subsists.
- Legal Topics
- Divorce, Conciliation Board Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Dalini Hassani
Respondent
Unnamed Appellant
Appellant
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the marriage has broken down irreparably
- 2 Whether the matter was referred to the Conciliation Board prior to filing the petition for divorce
Ratio Decidendi
Divorce cannot be granted where the petition is based solely on the petitioner's own wrongdoing, and there was no valid certificate from the Conciliation Board confirming failure to reconcile, rendering the petition incompetent.
Court Disposition
Appeal allowed; marriage subsists.
Orders
- No order as to costs
Full Case Text
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