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
