19910503 TZHC Dar es Salaam
The courts below lacked jurisdiction to entertain the matter because the mandatory requirement of obtaining a certificate from the Conciliation Board, confirming failure to reconcile the parties, was not fulfilled.
- Citation
- 19910503 TZHC Dar es Salaam
- Parties
- Respondent: Hadija Sultan; Appellant: Unnamed Husband
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 3 May 1991
- Procedural Posture
- Matrimonial Appeal / Second Appeal (high Court)
- Outcome
- proceedings nullified
- Legal Topics
- Divorce, Jurisdiction, Conciliation Board Certificate
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Hadija Sultan
Respondent
Unnamed Husband
Appellant
Procedural Posture
Matrimonial Appeal / Second Appeal (high Court)
Legal Issues
- 1 Whether the courts had jurisdiction to entertain the divorce petition without a certificate from the Conciliation Board as required by law
Ratio Decidendi
The courts below lacked jurisdiction to entertain the matter because the mandatory requirement of obtaining a certificate from the Conciliation Board, confirming failure to reconcile the parties, was not fulfilled.
Court Disposition
proceedings nullified
Orders
- Proceedings of the Primary Court and District Court nullified due to lack of a certificate from the Conciliation Board that it has failed to reconcile the parties.
- Parties must start afresh and obtain the required certificate if they wish to proceed.
Full Case Text
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