19890721 TZHC Dar es Salaam

19890721 TZHC Dar es Salaam

The court found that while the matrimonial suit is pending, only one house should be occupied by the respondent/petitioner, and the status quo should be maintained. The ex-parte orders restraining the applicant from evicting the respondent and for maintenance were justified to preserve the respondent's accommodation and welfare. However, the court agreed that the case has more connections with Moshi and Arusha and should be transferred for convenience and justice.

Citation
19890721 TZHC Dar es Salaam
Parties
Petitioner: Jeannettie Kiwi Matowo; Respondent: Wilson Ndesanjo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 July 1989
Procedural Posture
Matrimonial Application / Ruling on Application to Set Aside Ex Parte Order and Transfer Proceedings
Outcome
partly allowed
Legal Topics
Matrimonial Proceedings, Ex Parte Orders, Maintenance, Transfer of Proceedings
Source Language
English
Family Law Civil Procedure Matrimonial Proceedings Ex Parte Orders Maintenance Transfer of Proceedings

Case Brief

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Parties

Jeannettie Kiwi Matowo

Petitioner

Wilson Ndesanjo

Respondent

Procedural Posture

Matrimonial Application / Ruling on Application to Set Aside Ex Parte Order and Transfer Proceedings

Legal Issues

  1. 1 Whether the ex-parte order restraining the applicant from entering or evicting the respondent from the matrimonial house should be set aside
  2. 2 Whether the order for maintenance should be set aside
  3. 3 Whether the matrimonial petition should be transferred to Moshi Resident Magistrates Court or High Court Arusha

Ratio Decidendi

The court found that while the matrimonial suit is pending, only one house should be occupied by the respondent/petitioner, and the status quo should be maintained. The ex-parte orders restraining the applicant from evicting the respondent and for maintenance were justified to preserve the respondent's accommodation and welfare. However, the court agreed that the case has more connections with Moshi and Arusha and should be transferred for convenience and justice.

Court Disposition

partly allowed

Orders

  • The application to set aside the ex-parte orders is refused.
  • The order restraining the applicant from evicting the respondent from the house in Dar es Salaam remains in force.