Magreti D/O Barnaba vs Wambura S/O Mthethe (Matrimonial Civil Appeal No. 14 of 1981) [1982] TZHC 92 (26 October 1982)

IN THE HIGH COURT OF TI\NZANIA ET MUSOMA (1-c) MATRIMONIAL CIVL Al:lEAL No.14/81 (From the decision of the lrimary Court Shirati at Tarime in Civil Case No. 357 of 1980) MAGRETI D/0 BARNABA ••••••••• .' ••••••••• AH ELLANT versus WAMBURA s/o MTHETHE •••••••••••••••••• RESl ONDENT JUDGMENT In this case Margaret Barnaba etitioned for divorce on the ground of cruel t· 7 and failure to maintain. Her 1-etition did not succeed because the trial uk1gistrnte and gentlemen assessors of Shirati lrim1ry Court found her evidence inadequate. After perusing the record of the lower court I am satisfied that though the ~etitioner asserted that she used to be beaten she failed to adduce evidence by calling witnesses who saw her being beaten or medical evidence of injuries she may have sustained as a result of being beaten. I nm also satisfied that the ~etitioner failed to adduce evidence to show the income of her husband and to relate the ty}:e of life she was subjected to, to that income, for the husband in law is obliged to rovide those things which his status and income in society allow him. For these reasons I uhold the decision of the l: rimary Court and dismiss this a Heal entir-ely.

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