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Consent Judgment, Matrimonial, Parties Are Not at Dispute

The petitioner filed for divorce claiming the marriage had irreparably broken down. They had been married for 18 years and had 6 children who passed away. Problems began in 1997 resulting in cruelty and separation in September 1997. Both parties agreed the marriage had broken down irreparably. Considering they had lived apart for 24 years and the divorce claim was uncontested, the court declared the marriage broken down and granted the decree of divorce as requested with no order as to costs.

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203 views4 pages

Consent Judgment, Matrimonial, Parties Are Not at Dispute

The petitioner filed for divorce claiming the marriage had irreparably broken down. They had been married for 18 years and had 6 children who passed away. Problems began in 1997 resulting in cruelty and separation in September 1997. Both parties agreed the marriage had broken down irreparably. Considering they had lived apart for 24 years and the divorce claim was uncontested, the court declared the marriage broken down and granted the decree of divorce as requested with no order as to costs.

Uploaded by

Eldard Mk
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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IN THE HIGH COURT OF TANZANIA

TEMEKE HIGH COURT SUB-REGISTRY

(ONE STOP JUDICIAL CENTER)

AT TEMEKE

MATRIMONIAL CASE NO. 1 OF 2021

DEOGRASIA GEOFREY MWANRI.........................PETITIONER

VERSUS

PANCRAS ATHANAS MASAWE............................ RESPONDENT

Date of Last Order: 18/11/2021

Date of Judgment: 18/11/2021

CONSENT JUDGMENT

N.R. MWASEBA, J.

The petitioner has filed this suit against the respondent before this court

claiming for a declaration that the marriage between the petitioner and

the respondent has irreparably broken down, an order to dissolve the

said marriage and a decree of divorce to be issued.

It is pleaded by the petitioner that they cohabited with the respondent

and lived together as husband and wife for 18 years before formalizing
the marriage on the 22nd July, 1995 at Ilala District in Dar es Salaam. In

their relationship, they were blessed with six issues who passed away at

their tender age.

During the subsistence of their marriage, they acquired two houses

situated at Keko Molem, beds, mattress and utensils but she does not

demand any division of the matrimonial property.

That, the parties lived a peaceful life until 1997 when problems began

cropping up. It is said that their marriage was clouded up with cruelty

whereby the petitioner was getting beaten up by the respondent and

being called by abusive words such as malaya in the presence of friends

and relatives as a result their cohabitation became intolerable. Due to

the matrimonial disharmony, the petitioner left the matrimonial home in

September, 1997, and the two have had a separate life for the last

twenty-four years now. The Conciliation Board at Keko ward failed to

reconcile them.

In his reply to petition for divorce, the respondent did not dispute that

their marriage has broken down irreparably and that the decree of

divorce should be granted.


In court, the petitioner was represented by Mr Levis Lyimo learned

counsel while the respondent appeared in person. When the matter was

called up for mention on 18/11/2021 the counsel for the petitioner

notified the court that the respondent has filed his reply and the main

issue in this case which is divorce is not disputed. He referred this court

to the case of Joseph Warioba Butiku V. Perucy Muganda Butiku,

(1987) TLR No. 1 and prays that the court grants divorce as prayed.

In his reply, the respondent conceded with the submission by the

petitioner and insisted on the fact that their marriage has irreparably

broken down. He stated that it is 24 years now since his wife left their

matrimonial home. So, he prays that the decree of divorce be granted.

I have gone through the pleadings, and the submissions of both sides

and realized that there is no dispute that their marriage was clouded up

with cruelty especially by beatings in which church elders and the

respondent's parents failed to reconcile them. Further, there is no

dispute that the parties have separated for 24 years now and the

marriage conciliation board at Keko ward has failed to reconcile them.

Additionally, there is no dispute that their marriage has broken down

irreparably. In the case of Joseph Warioba Butiku V. Perucy

Muganda Butiku (Supra) in which both parties pleaded that their


marriage had irreparably broken down and prayed for divorce it was

held that:

"Where the parties have agreed on sufficient issues o f fact

and iaw raised in their pleading, the court may pronounce

judgement and order accordingly."

That being the legal position and considering that the parties are

living apart for 24 years and that the claim for divorce has not

been contested, I hereby declare that the marriage has broken

down irreparably and proceed to grant the decree of divorce as

prayed. No order as to costs.

DATED at DAR ES SALAAM this 18th Day of November, 2021.

N.R. MWASEBA

JUDGE

18/ 11/2021

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