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Notice of petition must be served on a respondent or if there is a corespondent in a prescribed form, mean form number 5. The intention of having the notice of petition is to enhance the respondent to get information that the petition has been filed against him in the competent court having jurisdiction to entertain the matter. If it happened the notice where not served to the aforesaid part the court won't take on the proceeding. And on the other side of the coin if the notice where
Notice of petition must be served on a respondent or if there is a corespondent in a prescribed form, mean form number 5. The intention of having the notice of petition is to enhance the respondent to get information that the petition has been filed against him in the competent court having jurisdiction to entertain the matter. If it happened the notice where not served to the aforesaid part the court won't take on the proceeding. And on the other side of the coin if the notice where
Notice of petition must be served on a respondent or if there is a corespondent in a prescribed form, mean form number 5. The intention of having the notice of petition is to enhance the respondent to get information that the petition has been filed against him in the competent court having jurisdiction to entertain the matter. If it happened the notice where not served to the aforesaid part the court won't take on the proceeding. And on the other side of the coin if the notice where
1 , under this rule its mandatory that the notice of petition must be served on a respondent or if there is a co- respondent in a prescribed form, mean form number 5, for any claim in need of seeking divorce and separation before the Court of law must be in prescribed form and the notice must rich in the mind of the respondent or if any co- respondent. The intention of having the notice of petition is to enhance the respondent to get information that the petition has been filed against him in the competent Court having jurisdiction to entertain the matter. So having knowledge in mind must be prepared to appear as per the law. Rule 21 of the divorce and separation 2 , talk on the service of notice, for any petition shall in order to proceed for hearing there must be service of notice to the respondent and every co- respondent if any. If it happened the notice where not served to the aforesaid part the court wont take on the proceeding. And on the other side of the coin if the notice where served to the respondent and co- respondent (if any) and they have failed to appear without any sound reasons and notification to the court, the court on its jurisdiction might take on the proceeding. Rule 20(2) after the service of the petition has been affected a certificate of service in the prescribed form shall be filed. Appearance is the formal attendance in court of law , in another word known as the formal notice that a party or his legal representative intends to enter an appearance. 3 Under rule 22 , 4
state that appearance shall be entered by a respondent or co-respondent by appearing in person or through advocate before the registrar on the dates specified in the notice of petition. In matrimonial proceedings, the law requires the respondent or the co-respondent to give the notice to appear him /herself or being represented by advocate before the registrar on the date prescribed on the notice of petition.
1 The law of Marriage (Matrimonial Proceedings) Rules, 1971.
2 ibid 3 http//www. The free 4 The law of Marriage (Matrimonial Proceedings) Rules, 1971.
Other pleadings are the pleadings filed under matrimonial proceeding. These pleadings are set out under rule 23 5 as explain before. Pleading to resist the petition, under rule 23 (1) 6 provide that where the respondent enters an appearance and advices the registrar that he intends to resist the petition ,the registrar shall allow the respondent as the case may be under the time which exceed two weeks or six months may file an answer. Here the respondent give the notice to appear and make a recommendation to refrain from the petition filed upon them. Where the registrar is required by the law to grant or not to grant as the nature of the case, if the registrar grant the request of the respondent or co- respondent is required by the law provide the notice within a reasonable time as stipulated under the law. under rule 23(2) 7 state that where the registrar allows time to the respondent or the co-respondent an answer he may , on application made by the petition made by the petition, allow the petitioner reasonable time to file a reply to the answer .Here the respondent or co-respondent is required by the law to give answer upon the case filed to them by the petitioner after being allowed by the registrar upon their notice provided under rule 23(1), also the petitioner is required by the law to give answer on the refrain made by the respondent or co-respondent upon him /her petition made under rule 23(1).
Under rule 23(3) 8 state that every answer shall contain a concise statement of facts upon which the respondent or as the case may be the co-respondent will rely for his defence, here both parties (respondent ,co-respondent and petitioner are required by the law to provide answer which is clearly connected to the fact of the case and those provided answer must be a good defence to him. Under rule 23(4 9 ) the law state it shall not be sufficient for a respondent or a co-respondent in his answer to admit generally the ground alleged by the petitioner, but the respondent or as the case
5 ibid 6 ibid 7 ibid 8 ibid 9 supra may be the co-respondent or allegation must deal specifically with each allegation of fact of which he does not admit the truth. Here the law require the Respondent or co-respondent to give the answer on fact (resist) as provided under rule23 (1) which believed not to be true and not otherwise. Under rule23(5) 10 every reply must contain a concise statement of fact upon which the petition will reply to counter the allegations in the answer, here the petitioner is required by the law to provide clear answer which are directly connected to the alleged facts of the case made by the respondent under rule23(1). Under rule23 (6) 11 the law state that every answer and reply must be signed by the person on whose behalf it is lodged and must contain a statement by such a person verifying the facts alleged in the answer, the reply, of which he has personal cognized and the facts which he believes to be true by reason of information in his possession, all answer given by both party either on reply or otherwise is must be taken on a written form and being signed by the parties of the alleged petition as the exhibit to resjudicata. Under rule 23(7) 12 the law state that a copy of every answer and of every reply filed in any matrimonial proceeding shall be served on the other parties to the proceeding, here the document under rule 23(6) must be served to both parties Rule 24: Amendment of Pleadings This rule requires the court if it may fit deem and where there is a sufficient cause is shown, may allow any party at any time before the conclusion of the trial of a petition to amend his or her pleading subject to such order as to cost as the court may think fit to make 13 . Application of the rule This rule is only applicable to the courts with the competent jurisdiction to determine the matrimonial disputes which are the High Court, a court of Resident Magistrate, a District Court
10 ibid 11 ibid 12 ibid 13 The law of Marriage (Matrimonial Proceedings) Rules, 1971. and Primary Court 14 .The rule is also only applicable during the trial of the petition and not after the delivery of the judgment, hence a party is allowed to request the court to amend the pleadings of the petition by showing a reasonable cause of amending the pleadings only before the delivery of the judgment. However it should be noted that, to allow the amendment to the pleadings of the petition is rest upon the discretion of the court itself. The rule provides that, the court may if, sufficient cause is shown, allow any party at any time before the conclusion of the trial of a petition to amend his pleading. Hence it is discretion of the court to whether allow the parties or not to amend the pleadings, the party wishing to amend the pleadings is required by the rule to show a sufficient cause why he intends to amend the pleadings, and upon the satisfaction the court may allow the party to amend the pleadings. Rule 25: Pleadings out of time It provides that where a party has failed to file any pleading within the time allowed therefore by the registrar, the court may on application made by such party grant leave for the pleading to be filed out of time. Application of the rule General rule requires any person to file a petition to the court for a decree of annulment or a decree of divorce if he or she is domiciled in Tanzania, or he or she has been resident in Tanzania for at least one year immediately preceding the presentation of the petition 15 . Hence this rule is applicable only where a party has failed to file a pleading within the time prescribed by the general rule as required by the law. Therefore where a party has failed to file a pleading within a time is required by this rule to make an application for leave to the court for the pleadings to be filled out of time.Then upon the satisfaction, the court through the Registrar may on application made by such party grant a leave for the pleading to be filed out of time.
14 Section 76,The Law of Marriage Act, Cap 29, RE. 2002. 15 Section 77(3), The Law of Marriage Act, Cap. 29, RE. 2002. THE UNI
COLLEGE OF HUMANITIES AND SOCIAL SCIENCES SCHOOL OF SOCIAL SCIENCES COURSE NAME: FAMILY LAW. COURSE CODE: LW 324 COURSE INSTRUCTOR: Mr. Shughulu NATURE OF WORK: GROUP ASSIGNMENT GROUP NUMBER: 4 GROUP LEADER: MWANUKUZI, JOSTON DATE OF SUBMISSION: 28 QUESTION 4.
THE UNIVERSITY OF DODOMA COLLEGE OF HUMANITIES AND SOCIAL SCIENCES SCHOOL OF SOCIAL SCIENCES DEPARTMENT OF LAW FAMILY LAW. : Mr. Shughulu GROUP ASSIGNMENT MWANUKUZI, JOSTON 28/05/2014 COLLEGE OF HUMANITIES AND SOCIAL SCIENCES