benedict pius morembwa vs ambrosia michael jengo 2023 tzhc 23644 27 december 2023

Parties

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1. 1 Whether the trial court erred in granting custody of children without obtaining their independent opinion or elders' opinion
2. 2 Whether the trial court erred by not drawing an adverse inference for failure to call material witnesses
3. 3 Whether the division of matrimonial assets was contrary to legal principles

Ratio Decidendi

The appeal is dismissed as the trial court properly considered the welfare of the children in custody orders, there was sufficient evidence for division of matrimonial assets and irreparable breakdown of marriage, and the reconciliation process was adequately conducted. The only modification is the reallocation of a plot at Majengo Magugu-Babati to the appellant due to its prior disposal by the respondent.

Court Disposition

appeal dismissed with partial modification

Orders

• Appeal dismissed except for the 4th ground which is partly allowed
• Appellant awarded a plot measuring 22 x 35 at Majengo Magugu-Babati in addition to properties previously allocated