19941206 TZHC Dar es Salaam

19941206 TZHC Dar es Salaam

The fair course is to order the sale of the house and divide the proceeds between the parties, not to confine the appellant's entitlement to the value of the plot only, considering both parties' contributions and the interests of the child.

Citation
19941206 TZHC Dar es Salaam
Parties
Appellant: Mwanahamisi Sultani; Respondent: Mathew Haule
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 December 1994
Procedural Posture
PC Civil Appeal / Second Appeal
Outcome
Appeal allowed
Legal Topics
Cohabitation, Division of Matrimonial Property, Maintenance, Child Welfare
Source Language
English
Family Law Cohabitation Division of Matrimonial Property Maintenance Child Welfare

Case Brief

Summary, issues, holding and outcome

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Parties

Mwanahamisi Sultani

Appellant

Mathew Haule

Respondent

Procedural Posture

PC Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the appellant is entitled to only the value of the plot or to a share in the house built during cohabitation under s.114 of the Law Marriage Act, 1971

Ratio Decidendi

The fair course is to order the sale of the house and divide the proceeds between the parties, not to confine the appellant's entitlement to the value of the plot only, considering both parties' contributions and the interests of the child.

Court Disposition

Appeal allowed

Orders

  • Decision of the lower appellate court set aside
  • Decision of the trial court restored