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Tanzania decisions
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Where there is clear evidence of loss of love, desertion, and failed reconciliation, the marriage is deemed irreparably broken down and a decree of divorce is justified, even if statutory grounds are not strictly proven.
Source excerpt
The High Court at Temeke dissolved the parties’ marriage after finding irreparable breakdown, relying on mutual allegations, lack of cohabitation, and consent to divorce.
The High Court at Temeke granted a divorce by consent after finding the marriage had irreparably broken down following prolonged separation and alleged cruelty.
The house at Nyasa West Plot No. 79 is not matrimonial property as respondent failed to prove joint acquisition or contribution; division of Wapiwapi house to be equal; maintenance issue remitted for reconsideration; custody order upheld based on welfare of children.
Source excerpt
Ex parte divorce judgment dissolving the parties’ marriage for irretrievable breakdown, cruelty, and denial of conjugal rights. Custody of the three children was awarded to the petitioner.
The High Court of Tanzania dissolved a marriage after finding uncontroverted evidence of mental cruelty and irreparable breakdown. Desertion was not made out on timing.
The High Court dismissed a divorce appeal, holding the marriage had irreparably broken down after separation, non-maintenance, and the issuing of talak.
A second appeal challenging a divorce decree was dismissed after the court found the marriage had irretrievably broken down amid repeated quarrels and failed reconciliation.
The High Court restored a divorce decree, holding the marriage had irreparably broken down and that the District Court wrongly overturned the Primary Court.
The High Court allowed a divorce appeal, holding that repeated serious assaults on a spouse can amount to cruelty and irretrievable breakdown of marriage.
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