19970423 TZHC Dar es Salaam2
Long cohabitation with proof of a marriage process creates a presumption of marriage, entitling parties to property distribution as if formally married.
- Citation
- 19970423 TZHC Dar es Salaam2
- Parties
- Appellant: Magesa; Respondent: Unknown
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 23 April 1997
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal allowed with costs
- Legal Topics
- Presumption of Marriage, Cohabitation, Property Distribution
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Magesa
Appellant
Unknown
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether long cohabitation with proof of marriage process constitutes a formalised marriage or only a presumption of marriage
- 2 Entitlement to property distribution after cohabitation
Ratio Decidendi
Long cohabitation with proof of a marriage process creates a presumption of marriage, entitling parties to property distribution as if formally married.
Court Disposition
Appeal allowed with costs
Orders
- Trial primary court to ascertain property jointly acquired during cohabitation and distribute according to section 114 of the Law of Marriage Act
Full Case Text
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