Rehema Masoud vs Bakari Idd Karugutu ((PC) Civil Appeal No. 91 of 1990) [1991] TZHC 2062 (12 August 1991)

I i. IN THE HIGH COURT OF TNZANIA (PC) CIVIL liPEL NO, 91 OF 1990 REH.8ri11. IvL'i.SOUD •••••••••••• , d1PPELL,1NT Yersus B.1K .. i.RI IDD K.1iRUGUTU •••• ,,,, R1Sr0NDENT From Oiv, ppeal No, 35/89 of Kilosa District.Cput end Civ, Case No. 21/09 of Magole Primary Court •. . JUDG1viBNT LUKAGAKINGIRl 2 J: Sometime in 1907 the parties to this appeal.went through a ceremony of marriage in accordance with Ilamic rites. The union did not last long; by May, 1906,. the appellant was cohabiting with anoilher man. That prompted 'the responclent to commence action at Magole Primary Court in I Kilosa Distxict claiming damages f-or .adul te1,y. He joined both the alleged adulterer, one Di it1cc,. Daudi, ancl the a.f!:>ellanto The ation was unsuccessful, the court held that the marriage had previously been validly dissolved by an Islamie talaq and further that Ditrik Dauii had through inquiries been made to believe that the appellant was unmarried •. This did .not satisfy the respondent who appealed to the Distiict Court. He was again unsuocesJful •. The latter'coUll't, while holding that the marriage still subsisted, agreed with the trial court that Ditrick Daudi had inocently taken the appellant for a wife. The respondent, did not further appeal •. Instead the apellant brought the preset appeal chal:enging that art of the ·judgment wi,.ich declared that she·was still thJ r.Jsvondent 1 s wife, The judgment of the District Court was, oi course correct. Sinoe the coming iwto peration of the Law of Marride Act, 1973, the IElamie : rules have been superceded in those areas for which the..Jl.ct makes provision The ,ct makes provision for the dissolution of marriages,. which means that ihe Islamic talaq is disappJ.ied. All marriages, irrespective of' the manner of their solemnisDtion 1 can now be dissolved only by a decree of a court of law•· I have seen evidence in which the respondent was said to have issued a talaq; ·~ have also seen evidence of his desparate attempts at "rejea" (revocation). I say that in the light of the provisins of the ct the purpoted talaq was void and of no ligal effect .• In 1£!,W, therefore, the District Court was correct in declaring that th marriage subsisted. This status can be terininated only in pr9per divorce proceedings. ! dismiss; the appeal b~t order the parties costs before this Court. D.lR ES S.:~L11iJl'i 12th ~ugust, 1991, espective