20180914 TZHC Mwanza2

20180914 TZHC Mwanza2

The trial magistrate failed to properly receive and consider evidence of joint contribution towards acquisition of matrimonial assets as required by law. The District Court's order for retrial before a competent magistrate to receive fresh evidence on contribution was correct and is upheld.

Citation
20180914 TZHC Mwanza2
Parties
Appellant: Casta Misalaba; Respondent: Karantini Bulemela
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 September 2018
Procedural Posture
Civil Appeal / Judgment on Second Appeal
Outcome
appeal dismissed
Legal Topics
Matrimonial Property, Division of Assets, Divorce, Procedure on Retrial
Source Language
English
Family Law Matrimonial Property Division of Assets Divorce Procedure on Retrial

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Parties

Casta Misalaba

Appellant

Karantini Bulemela

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the District Court erred in ordering a retrial on division of matrimonial assets
  2. 2 Whether the parties jointly acquired matrimonial assets during marriage
  3. 3 Whether the Appellant left her own property with the Respondent after dissolution of marriage

Ratio Decidendi

The trial magistrate failed to properly receive and consider evidence of joint contribution towards acquisition of matrimonial assets as required by law. The District Court's order for retrial before a competent magistrate to receive fresh evidence on contribution was correct and is upheld.

Court Disposition

appeal dismissed

Orders

  • Decision of Magu District Court in Civil Appeal No. 56 of 2016 upheld.
  • Decision of Ndagalu Primary Court in Civil Case No. 55 of 2016 upheld only as to divorce.