athumani omary athumani vs kashindi hamisi zaidi 2021 tzhc 6398 4 october 2021

athumani omary athumani vs kashindi hamisi zaidi 2021 tzhc 6398 4 october 2021

Only properties proven to be acquired during marriage and with evidence of contribution by either party are subject to division. In the absence of evidence of greater contribution by either party, equal division is appropriate for certain assets, but where registration and circumstances indicate greater contribution, a 60/40 split is justified. Orders for maintenance and division of bank funds must be supported by evidence of income and existence of funds. Custody is to be determined in accordance with Islamic law and the best interests of the children.

Citation
athumani omary athumani vs kashindi hamisi zaidi 2021 tzhc 6398 4 october 2021
Parties
Appellant/respondent: Athumani Omary Athumani; Respondent/appellant: Kashindi Hamisi Zaidi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 October 2021
Procedural Posture
Matrimonial Appeal / Second Appeal (high Court) From District Court Decision
Outcome
Appeal allowed in part; orders of lower courts varied.
Legal Topics
Matrimonial Property Division, Custody of Children, Maintenance of Children, Islamic Marriage, Appeals Procedure
Source Language
English
Family Law Matrimonial Property Division Custody of Children Maintenance of Children Islamic Marriage Appeals Procedure

Case Brief

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Parties

Athumani Omary Athumani

Appellant/respondent

Kashindi Hamisi Zaidi

Respondent/appellant

Procedural Posture

Matrimonial Appeal / Second Appeal (high Court) From District Court Decision

Legal Issues

  1. 1 Whether there was sufficient evidence to establish other matrimonial assets not included in the order of distribution
  2. 2 Whether the distribution of established matrimonial assets at 40% to the respondent and 60% to the appellant was justifiable
  3. 3 Whether the order to pay Tshs. 8,372,000/= as 40% of bank account funds was justified

Ratio Decidendi

Only properties proven to be acquired during marriage and with evidence of contribution by either party are subject to division. In the absence of evidence of greater contribution by either party, equal division is appropriate for certain assets, but where registration and circumstances indicate greater contribution, a 60/40 split is justified. Orders for maintenance and division of bank funds must be supported by evidence of income and existence of funds. Custody is to be determined in accordance with Islamic law and the best interests of the children.

Court Disposition

Appeal allowed in part; orders of lower courts varied.

Orders

  • Distribution of matrimonial house at Mwasenga and motor cycle at 60% to appellant and 40% to respondent; appellant to pay respondent 40% of market value within three months or vice versa, failing which property to be sold and proceeds divided accordingly.
  • Plot at Buronge to appellant, plot at Dar es Salaam to respondent.