20070629 TZHC Dar es Salaam

20070629 TZHC Dar es Salaam

The houses on Plot Nos 916 and 918 Msasani were validly gifted to the respondent by the petitioner and are not subject to division as matrimonial assets. The petitioner is liable to refund the respondent for electricity and telephone charges incurred during his desertion. No maintenance is awarded due to a binding consent order. Custody is not determined as the children are now adults.

Citation
20070629 TZHC Dar es Salaam
Parties
Petitioner: Bjarne Alling; Respondent: Hasna Jivraj Alling
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 June 2007
Procedural Posture
Matrimonial Cause / Judgment After Trial and Cross Petition
Outcome
Petition dismissed; cross-petition granted in part.
Legal Topics
Divorce, Division of Matrimonial Assets, Custody, Maintenance, Gifts in Matrimonial Property
Source Language
English
Family Law Divorce Division of Matrimonial Assets Custody Maintenance Gifts in Matrimonial Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Bjarne Alling

Petitioner

Hasna Jivraj Alling

Respondent

Procedural Posture

Matrimonial Cause / Judgment After Trial and Cross Petition

Legal Issues

  1. 1 Whether the houses on Plot Nos 916 and 918 Msasani are matrimonial assets subject to division
  2. 2 Entitlement to maintenance and arrears
  3. 3 Custody of children

Ratio Decidendi

The houses on Plot Nos 916 and 918 Msasani were validly gifted to the respondent by the petitioner and are not subject to division as matrimonial assets. The petitioner is liable to refund the respondent for electricity and telephone charges incurred during his desertion. No maintenance is awarded due to a binding consent order. Custody is not determined as the children are now adults.

Court Disposition

Petition dismissed; cross-petition granted in part.

Orders

  • Petitioner to refund respondent TZS 3,102,742.05 for electricity charges.
  • Petitioner to refund respondent TZS 506,729.60 for telephone charges.