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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The legal status of woman-to-woman marriages in Tanzania
Author:Rwezaura, B.A.
Periodical:Eastern Africa Law Review
Geographic term:Tanzania
woman-to-woman marriage
Abstract:The seriousness with which customary law institutions are regarded by courts in Tanzania today originates from their undue disregard by the colonial courts. It is an effort to reinstate the lost dignity of customary law. The exercise is not without problems. The problem with which this note is concerned is the exploration of a wide gap between the provisions of the law and the practice of the community on the one hand and the dilemma of the courts which have to decide between competing values, on the other. The case is illustrated by a discussion of the High Court decision in Gati Kitoka v. Matinde Kimune. The issue to be decided by the courts was whether the practice of woman-to-woman marriages found among the Kuria people of Musoma District, should be abolished or preserved, having regard to the provisions of the Law of Marriage Act, 1971. Notes.