gilbert lyimo vs getrude venance temba 2022 tzhc 15674 29 november 2022

The house at Kitunda Kibeberu was not proven to be matrimonial property; division of non-matrimonial property is not permitted under the Law of Marriage Act.

Citation: gilbert lyimo vs getrude venance temba 2022 tzhc 15674 29 november 2022
Parties: Appellant: Gilbert Lyimo; Respondent: Getrude Venance Temba
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 29 November 2022
Procedural Posture: PC Civil Appeal / Judgment
Outcome: Appeal allowed
Legal Topics: Matrimonial Property, Division of Assets, Appeal Procedure
Source Language: English

Family Law Matrimonial Property Division of Assets Appeal Procedure

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2

Parties

Gilbert Lyimo

Appellant

Getrude Venance Temba

Respondent

Procedural Posture

PC Civil Appeal / Judgment

Legal Issues

1 Whether the house located at Kitunda Kibeberu is matrimonial property subject to division
2 Whether the division of 20% to the respondent and 80% to the appellant is proper

Ratio Decidendi

The house at Kitunda Kibeberu was not proven to be matrimonial property; division of non-matrimonial property is not permitted under the Law of Marriage Act.

Court Disposition

Appeal allowed

Orders

Judgment and decree of District Court of Ilala in Matrimonial Appeal No. 67 of 2020 quashed and set aside
House at Kitunda Kibeberu declared not matrimonial property and not subject to division