19870810 TZHC Mtwara

19870810 TZHC Mtwara

Appellant contributed to acquisition of motor vehicles during marriage; registration in a company name does not defeat her beneficial interest. She is entitled to a share in motor vehicles but not in houses given to respondent's children.

Source-derived case information.

Citation
19870810 TZHC Mtwara
Parties
Appellant: Appellant (name not specified); Respondent: Respondent (name not specified)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 August 1987
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
Appeal regarding division of motor vehicles allowed; appeal regarding houses dismissed.
Legal Topics
Division of Matrimonial Property, Company Ownership and Beneficial Interest, Contribution to Acquisition of Assets
Source Language
english
Family Law Property Law Division of Matrimonial Property Company Ownership and Beneficial Interest Contribution to Acquisition of Assets

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Parties

Appellant (name not specified)

Appellant

Respondent (name not specified)

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether properties acquired during marriage are matrimonial property
  2. 2 Whether registration of property in a company name defeats spouse's beneficial interest
  3. 3 Whether appellant is entitled to a share in motor vehicles and houses

Ratio Decidendi

Appellant contributed to acquisition of motor vehicles during marriage; registration in a company name does not defeat her beneficial interest. She is entitled to a share in motor vehicles but not in houses given to respondent's children.

Court Disposition

Appeal regarding division of motor vehicles allowed; appeal regarding houses dismissed.

Orders

  • Respondent to pay appellant TSh 100,000 as her share of contribution in motor vehicles.
  • Appellant to have costs in this and courts below.