19810917 TZHC Dar es Salaam2

Compelling a spouse to return to the matrimonial home is prohibited by section 140 of the Law of Marriage Act, 1971. The wife's prolonged absence indicates irreparable breakdown of the marriage.

Citation: 19810917 TZHC Dar es Salaam2
Parties: Appellant: Wache Sultani; Respondent: Saidi Mussa
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 17 September 1981
Procedural Posture: Matrimonial Civil Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Marriage Dissolution, Compulsion to Cohabit
Source Language: English

Family Law Marriage Dissolution Compulsion to Cohabit

Case Brief

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Parties

Wache Sultani

Appellant

Saidi Mussa

Respondent

Procedural Posture

Matrimonial Civil Appeal / Judgment

Legal Issues

1 Whether an order can be made compelling a wife to return to her husband
2 Whether the marriage has irreparably broken down

Ratio Decidendi

Compelling a spouse to return to the matrimonial home is prohibited by section 140 of the Law of Marriage Act, 1971. The wife's prolonged absence indicates irreparable breakdown of the marriage.

Court Disposition

appeal allowed

Orders

marriage declared dissolved from the date of delivery of judgment
no orders as to costs