19950307 TZHC Dar es Salaam
The marriage had irreparably broken down due to prolonged separation, failure to provide maintenance, and the issuance of 'talak' by the appellant, justifying the decree of divorce.
Source-derived case information.
- Citation
- 19950307 TZHC Dar es Salaam
- Parties
- Appellant: Yusufu Ally; Respondent: Afiswa Ally
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 March 1995
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Divorce, Maintenance, Irretrievable Breakdown of Marriage, Islamic Law, Matrimonial Home
- Source Language
- english
Family Law Divorce Maintenance Irretrievable Breakdown of Marriage Islamic Law Matrimonial Home
Source-derived case record
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Parties
Yusufu Ally
Appellant
Afiswa Ally
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether there was sufficient evidence to dissolve the marriage
- 2 Whether the appellant failed to provide maintenance
- 3 Whether the issuance of 'talak' under Islamic law terminated the marriage
Ratio Decidendi
The marriage had irreparably broken down due to prolonged separation, failure to provide maintenance, and the issuance of 'talak' by the appellant, justifying the decree of divorce.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed with costs.
Full Case Text
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