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High Court of Tanzania

This is the second level in the Judiciary justice delivery hierarchy. It has both appellate and original powers on civil and criminal matters. It also hears appeals from the Courts of Resident Magistrate, the District Courts, and the District Land and Housing Tribunals in exercise of their original, appellate and/or revisional jurisdiction. The High Court is divided into Zones and specialized Divisions.

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24 Kivukoni Road, P O Box: S.L.P. 9004

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https://jmap.judiciary.go.tz/jmap/jmap-hc

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1 judgment

Citation	Judgment date
September 1990
Barnabas Mpakama vs Moshi Ally (PC Civil Appeal No. 3 of 1990) [1990] TZHC 289 (6 September 1990) Cohabitation without statutory formalities does not amount to a marriage under Section 160, so a court lacks proper ground to grant divorce. * Family law – Law of Marriage Act 1971 – Section 160 – presumption of marriage vs. formal requirements – cohabitation does not of itself constitute a valid marriage. * Family law – Jurisdiction to grant divorce – no jurisdiction where no valid marriage ab initio. * Family law – Religious difference – not sufficient to create or dissolve marriage under statutory scheme.	6 September 1990

Citation

Judgment date

September 1990

Barnabas Mpakama vs Moshi Ally (PC Civil Appeal No. 3 of 1990) [1990] TZHC 289 (6 September 1990)

Cohabitation without statutory formalities does not amount to a marriage under Section 160, so a court lacks proper ground to grant divorce.

* Family law – Law of Marriage Act 1971 – Section 160 – presumption of marriage vs. formal requirements – cohabitation does not of itself constitute a valid marriage. * Family law – Jurisdiction to grant divorce – no jurisdiction where no valid marriage ab initio. * Family law – Religious difference – not sufficient to create or dissolve marriage under statutory scheme.

6 September 1990