19820209 TZHC Dar es Salaam
- Citation
- 19820209 TZHC Dar es Salaam
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 9 February 1982
- Posture
- Matrimonial Civil Appeal / Final Judgment
- Language
- English
More details
- Court
- TZHC
- Decision
- 9 February 1982
- Posture
- Matrimonial Civil Appeal / Final Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The marriage cannot be dissolved based on one isolated incident of mistreatment; reconciliation should be pursued before divorce.
Court disposition
appeal dismissed
02
Material facts
Parties
Zainabu d/o Hassani
AppellantKassim s/o Ramadhani
Respondent03
Procedural history
Posture
Matrimonial Civil Appeal / Final Judgment
04
Questions and positions
Legal issues
- 01
Whether the marriage between the parties has broken down beyond retrieval
- 02
Whether a single incident of mistreatment justifies dissolution of marriage
Party arguments
- Applicant
- The appellant sought dissolution of marriage on the ground that the husband mistreated her.
- Respondent
- The respondent denied persistent mistreatment; only one incident was established.
05
Court’s reasoning
Legal principles
- 01
Primary court reasoning
A single isolated incident of mistreatment does not justify dissolution of marriage; reconciliation should be attempted first.
06
Ratio, limits and disposition
Ratio decidendi
The marriage cannot be dissolved based on one isolated incident of mistreatment; reconciliation should be pursued before divorce.
Court disposition
appeal dismissed
Source and reliance status
TZHC · 9 February 1982
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Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 9 February 1982
IN THE HIGH COURT Qj.!' T.Atf2JJ\.NI.A AT .'.DAR E3 SALAAM (PC) MATRIMONIAL bIVIL APPEAL NO. 12 OF 1 981 (Fro;nr• the decision of the District Coti.~"t of IlaJ.a - Ind.~A'venue in Buguruhi Pr. c. Civil Appeal No. 17 of 1981) Z:~inabu d/o I-Ia'ssani • • • • • • • • • • • Appellant Versus Kassim s/o Ramadha,ni . . . . • • • • • • Respondent M.APIGANO. --=-=------~.. - ....~.-~.. -.,...,.J~ -.... primary court st~,ted, no rsa:::c '.12.:Jle t:ri0u?.1al could say that the marriage between t~1s :?a::-tie:J has bro:ken down beyond retrieve. It has subs·isted for O°'r.--:-:.." ten years and there are two issues out of it o 1:G-;;o ·.J:Lf:; w:-mted the court to dissolve it on the gr011...:.'1d tli_,,,:': t:1e >usband_ has been mistreating her_. But at the et1:J. of t~.1e day she could only establish that she suffered just cne beating at the hand of the husband, a;Llugedly because s:1.e was perverting the wife of the young brother of the husband. That incident was reported to the police. The primary court was of .the opinion the t it would be unreasonable to act on such an isolated incident and that the aggrieved party should have .resorted to reconciliatory machinery rather than to a divorce action. The appeal is dismissed. .,,,, . ' {~~;,~··(-:,',."A·':;..\,,~·:·,,-.;,'·. f✓ ·~·-~~-· (D .P. MAPIGPJlO) J_D12Q:BJ Dar es Salaam 9/2/82
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