19890922 TZHC Dar es Salaam

19890922 TZHC Dar es Salaam

A sale of matrimonial property without the consent of the other spouse does not become null and void under section 59 of the Law of Marriage Act; the non-consenting spouse retains the right to reside in the property, and the purchaser acquires only the interest of the selling spouse. Redemption is not available under the Act; the proper remedy is reinstatement of the non-consenting spouse in the matrimonial home.

Citation
19890922 TZHC Dar es Salaam
Parties
Appellant: Iddi Ally; First Respondent: Mtumwa Rashidi; Second Respondent: Salum Omari
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 September 1989
Procedural Posture
Miscellaneous Civil Appeal / Appellate Judgment
Outcome
Appeal and cross-appeal both partly succeed; lower court's redemption order set aside; reinstatement of first respondent ordered; each party to bear own costs.
Legal Topics
Matrimonial Property, Sale Without Spousal Consent, Right of Residence, Redemption of Property
Source Language
English
Family Law Property Law Matrimonial Property Sale Without Spousal Consent Right of Residence Redemption of Property

Case Brief

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Parties

Iddi Ally

Appellant

Mtumwa Rashidi

First Respondent

Salum Omari

Second Respondent

Procedural Posture

Miscellaneous Civil Appeal / Appellate Judgment

Legal Issues

  1. 1 Whether the sale of matrimonial property without the wife's consent is null and void under section 59 of the Law of Marriage Act
  2. 2 Whether the wife is entitled to redeem the property or to be reinstated in the matrimonial home
  3. 3 Whether the lower court erred in ordering redemption and imposing conditions for redemption

Ratio Decidendi

A sale of matrimonial property without the consent of the other spouse does not become null and void under section 59 of the Law of Marriage Act; the non-consenting spouse retains the right to reside in the property, and the purchaser acquires only the interest of the selling spouse. Redemption is not available under the Act; the proper remedy is reinstatement of the non-consenting spouse in the matrimonial home.

Court Disposition

Appeal and cross-appeal both partly succeed; lower court's redemption order set aside; reinstatement of first respondent ordered; each party to bear own costs.

Orders

  • Order for redemption of suit premises set aside.
  • First respondent to be reinstated in the suit premises as before eviction.