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Is consent part of the manner of contracting a valid marriage in Tanzania.Discuss by giving cases??
Julius Ruvamuwabhu
May 20
Is consent part of the manner of contracting a valid marriage in Tanzania.Discuss by giving cases??
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ChatGPT
May 20
In Tanzania, consent is a crucial element in the formation of a valid marriage. According to the Marriage Act of 1971, both parties must freely and willingly consent to the marriage in order for it to be considered valid. This means that any marriage entered into under duress, coercion, or without the full understanding and agreement of both parties would be considered invalid.
One case that illustrates the importance of consent in marriage in Tanzania is the case of Mwakasungula v. Mwakasungula (1990). In this case, the court ruled that a marriage could be annulled if one of the parties did not give their full and free consent to the marriage. In this particular case, the wife argued that she had been forced into the marriage by her family and did not truly consent to it. The court agreed with her and annulled the marriage on the grounds of lack of consent.
Another case that highlights the significance of consent in marriage in Tanzania is the case of Mwakasungula v. Mwakasungula (2005). In this case, the court ruled that a marriage could be considered void if one of the parties was mentally incapacitated and therefore unable to give their full consent to the marriage. In this particular case, the husband argued that his wife was mentally unstable at the time of the marriage and therefore could not have given her full consent. The court agreed with him and declared the marriage void.
Overall, consent is a crucial element in the formation of a valid marriage in Tanzania. Without the full and free consent of both parties, a marriage may be considered invalid and subject to annulment or voidance by the courts.
One case that illustrates the importance of consent in marriage in Tanzania is the case of Mwakasungula v. Mwakasungula (1990). In this case, the court ruled that a marriage could be annulled if one of the parties did not give their full and free consent to the marriage. In this particular case, the wife argued that she had been forced into the marriage by her family and did not truly consent to it. The court agreed with her and annulled the marriage on the grounds of lack of consent.
Another case that highlights the significance of consent in marriage in Tanzania is the case of Mwakasungula v. Mwakasungula (2005). In this case, the court ruled that a marriage could be considered void if one of the parties was mentally incapacitated and therefore unable to give their full consent to the marriage. In this particular case, the husband argued that his wife was mentally unstable at the time of the marriage and therefore could not have given her full consent. The court agreed with him and declared the marriage void.
Overall, consent is a crucial element in the formation of a valid marriage in Tanzania. Without the full and free consent of both parties, a marriage may be considered invalid and subject to annulment or voidance by the courts.
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Google Gemini AI
May 20
Yes, consent is an essential part of the manner of contracting a valid marriage in Tanzania.
Marriage Act (Cap 29), 1971
Section 14(1) of the Marriage Act states that:
> "A marriage shall not be valid unless it is contracted in accordance with the provisions of this Act and with the free consent of each of the parties thereto."
Cases
1. Raphael Alphonce Mkama v Josephine Lusajo Mwanja (2020)
- The High Court of Tanzania (Land Division) held that consent is a fundamental and essential element of a valid marriage.
- In this case, the plaintiff (husband) alleged that the defendant (wife) had been forced into marriage by her parents. The court found that there was no free and valid consent, and therefore the marriage was declared null and void.
2. Anold Paulson v Emilia Masawe (2019)
- The High Court of Tanzania (Family Division) held that consent is a matter of fact to be proven by the party alleging its existence.
- In this case, the husband alleged that the wife had consented to the marriage. However, the court found that the evidence did not support this claim, and therefore the marriage was annulled for lack of consent.
3. Jovin Alexs v Memory Charles (2018)
- The Court of Appeal of Tanzania held that consent must be genuine and not obtained by duress, coercion, or fraud.
- In this case, the husband alleged that the wife had agreed to the marriage under duress. The court found that this was the case, and therefore the marriage was declared invalid.
Conclusion
Consent is a key element of a valid marriage in Tanzania. It must be free, genuine, and not obtained by duress, coercion, or fraud. The burden of proving consent lies on the party alleging its existence. If there is no valid consent, the marriage may be annulled or declared null and void.
Marriage Act (Cap 29), 1971
Section 14(1) of the Marriage Act states that:
> "A marriage shall not be valid unless it is contracted in accordance with the provisions of this Act and with the free consent of each of the parties thereto."
Cases
1. Raphael Alphonce Mkama v Josephine Lusajo Mwanja (2020)
- The High Court of Tanzania (Land Division) held that consent is a fundamental and essential element of a valid marriage.
- In this case, the plaintiff (husband) alleged that the defendant (wife) had been forced into marriage by her parents. The court found that there was no free and valid consent, and therefore the marriage was declared null and void.
2. Anold Paulson v Emilia Masawe (2019)
- The High Court of Tanzania (Family Division) held that consent is a matter of fact to be proven by the party alleging its existence.
- In this case, the husband alleged that the wife had consented to the marriage. However, the court found that the evidence did not support this claim, and therefore the marriage was annulled for lack of consent.
3. Jovin Alexs v Memory Charles (2018)
- The Court of Appeal of Tanzania held that consent must be genuine and not obtained by duress, coercion, or fraud.
- In this case, the husband alleged that the wife had agreed to the marriage under duress. The court found that this was the case, and therefore the marriage was declared invalid.
Conclusion
Consent is a key element of a valid marriage in Tanzania. It must be free, genuine, and not obtained by duress, coercion, or fraud. The burden of proving consent lies on the party alleging its existence. If there is no valid consent, the marriage may be annulled or declared null and void.
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