19930923 TZHC Dar es Salaam

19930923 TZHC Dar es Salaam

The sale ordered by the trial court is to effect equal division of matrimonial property, not to satisfy a money decree. The hardship to the applicant of selling the house can be avoided by ordering him to pay half its value to the respondent. The application is allowed on this basis.

Source-derived case information.

Citation
19930923 TZHC Dar es Salaam
Parties
Applicant: Applicant (Name not specified); Respondent: Respondent (Name not specified)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 September 1993
Procedural Posture
Application to Stay Execution and Vary Order for Sale of Matrimonial House / Post Appeal, Execution Stage
Outcome
Application allowed
Legal Topics
Matrimonial Property Division, Execution of Decree, Limitation of Actions
Source Language
english
Family Law Civil Procedure Matrimonial Property Division Execution of Decree Limitation of Actions

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Parties

Applicant (Name not specified)

Applicant

Respondent (Name not specified)

Respondent

Procedural Posture

Application to Stay Execution and Vary Order for Sale of Matrimonial House / Post Appeal, Execution Stage

Legal Issues

  1. 1 Whether the order for sale of the matrimonial house should be stayed and varied to allow payment of half its value instead of sale
  2. 2 Whether the application is time-barred under the Limitation Act
  3. 3 Whether Section 48 of the Civil Procedure Code applies to matrimonial causes

Ratio Decidendi

The sale ordered by the trial court is to effect equal division of matrimonial property, not to satisfy a money decree. The hardship to the applicant of selling the house can be avoided by ordering him to pay half its value to the respondent. The application is allowed on this basis.

Court Disposition

Application allowed

Orders

  • The house at Kinza in which the applicant lives shall be valued by the Government Valuer.
  • The applicant shall pay fifty percent (50%) of the value of the house to the respondent within one month of notification by the Registrar.