MATRIMONIAL CAUSE NO

MATRIMONIAL CAUSE NO

The marriage was found to have irreparably broken down under section 107 of the Law of Marriage Act, and the petitioner’s domestic contributions as a housewife entitled her to a share of the matrimonial properties acquired or improved during the marriage. Properties acquired jointly or improved during the marriage were subject to division, while personal vehicles remained with their respective possessors. The petitioner was also entitled to reimbursement for rental expenses incurred after being forced to leave the matrimonial home.

Citation
MATRIMONIAL CAUSE NO
Parties
Petitioner: Asha Selemani Mhina; Respondent: Abdul Ali Faraji
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Matrimonial Cause / Final Judgment
Outcome
petition allowed
Legal Topics
Divorce, Matrimonial Property Division, Islamic Marriage, Contribution of Housewife, Reimbursement of Expenses
Source Language
English
Family Law Divorce Matrimonial Property Division Islamic Marriage Contribution of Housewife Reimbursement of Expenses

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Parties

Asha Selemani Mhina

Petitioner

Abdul Ali Faraji

Respondent

Procedural Posture

Matrimonial Cause / Final Judgment

Legal Issues

  1. 1 Whether the marriage has irreparably broken down
  2. 2 Whether the parties jointly acquired properties during the subsistence of their marriage
  3. 3 What reliefs are the parties entitled to

Ratio Decidendi

The marriage was found to have irreparably broken down under section 107 of the Law of Marriage Act, and the petitioner’s domestic contributions as a housewife entitled her to a share of the matrimonial properties acquired or improved during the marriage. Properties acquired jointly or improved during the marriage were subject to division, while personal vehicles remained with their respective possessors. The petitioner was also entitled to reimbursement for rental expenses incurred after being forced to leave the matrimonial home.

Court Disposition

petition allowed

Orders

  • Decree of divorce issued; marriage dissolved.
  • Petitioner to retain the whole property at Kihonga Street, Magomeni Mapipa.