bjarne alling vs hasna jivraj alling 2007 tzhc 296 29 june 2007

bjarne alling vs hasna jivraj alling 2007 tzhc 296 29 june 2007

The houses on plot Nos 916 and 918 Msasani were gifts from the petitioner to the respondent 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 absence. No maintenance is awarded due to a binding consent order. Custody is not addressed as the children are now adults.

Citation
bjarne alling vs hasna jivraj alling 2007 tzhc 296 29 june 2007
Parties
Petitioner: Bjarne Alling; Respondent: Hasna Jivraj Alling
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 June 2007
Procedural Posture
Matrimonial Cause / Final Judgment
Outcome
petition dismissed, cross-petition granted in part
Legal Topics
Divorce, Division of Matrimonial Assets, Custody, Maintenance, Refund of Expenses
Source Language
English
Family Law Divorce Division of Matrimonial Assets Custody Maintenance Refund of Expenses

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Parties

Bjarne Alling

Petitioner

Hasna Jivraj Alling

Respondent

Procedural Posture

Matrimonial Cause / Final Judgment

Legal Issues

  1. 1 Whether the houses on plot Nos 916 and 918 Msasani are matrimonial assets subject to division
  2. 2 Entitlement to custody of the children
  3. 3 Entitlement to refund of electricity and telephone charges by the petitioner to the respondent

Ratio Decidendi

The houses on plot Nos 916 and 918 Msasani were gifts from the petitioner to the respondent 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 absence. No maintenance is awarded due to a binding consent order. Custody is not addressed as the children are now adults.

Court Disposition

petition dismissed, cross-petition granted in part

Orders

  • Petition for division of matrimonial assets dismissed
  • Petitioner to refund respondent TZS 3,102,742.05 and TZS 506,729.60 for electricity and telephone charges