19940708 TZHC Dodoma

19940708 TZHC Dodoma

The lower court erred by failing to specifically allocate matrimonial assets and improperly delegated this responsibility to the parties and the court broker, contrary to section 114 of the Law of Marriage Act.

Citation
19940708 TZHC Dodoma
Parties
Appellant: Abraham Digo; Respondent: Mfredoba Dodo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 July 1994
Procedural Posture
Matrimonial Appeal / Judgment on Appeal
Outcome
lower court's proceedings and orders on division of assets quashed and set aside
Legal Topics
Division of Matrimonial Assets, Procedure on Division of Property, Powers of Court in Matrimonial Matters
Source Language
English
Family Law Division of Matrimonial Assets Procedure on Division of Property Powers of Court in Matrimonial Matters

Case Brief

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Parties

Abraham Digo

Appellant

Mfredoba Dodo

Respondent

Procedural Posture

Matrimonial Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the lower court properly exercised its powers in dividing matrimonial assets
  2. 2 Whether the involvement of the court broker in division of assets was lawful

Ratio Decidendi

The lower court erred by failing to specifically allocate matrimonial assets and improperly delegated this responsibility to the parties and the court broker, contrary to section 114 of the Law of Marriage Act.

Court Disposition

lower court's proceedings and orders on division of assets quashed and set aside

Orders

  • Status quo to be maintained until the applicant's application for equitable and fair division of matrimonial assets is heard on merit by a different magistrate of competent jurisdiction.
  • No order as to costs.