mbarouk suya bindo vs mbonny abdallah maumba 2022 tzhc 13824 11 october 2022

mbarouk suya bindo vs mbonny abdallah maumba 2022 tzhc 13824 11 october 2022

Only two properties—the matrimonial house at Ununio and Plot No. 137 Block 2 Kibada—were proved to be matrimonial assets; all other properties were not sufficiently proved to be matrimonial and are excluded from division; custody and maintenance orders of the trial court are affirmed as being in the best interest of the children.

Citation
mbarouk suya bindo vs mbonny abdallah maumba 2022 tzhc 13824 11 october 2022
Parties
Appellant: Mbarouk Suya Bindo; Respondent: Mbonny Abdallah Maumba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 October 2022
Procedural Posture
PC Civil Appeal / Second Appeal From District Court Decision Affirming Primary Court Judgment
Outcome
Appeal allowed in part
Legal Topics
Divorce, Custody of Children, Division of Matrimonial Property, Maintenance
Source Language
English
Family Law Divorce Custody of Children Division of Matrimonial Property Maintenance

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Parties

Mbarouk Suya Bindo

Appellant

Mbonny Abdallah Maumba

Respondent

Procedural Posture

PC Civil Appeal / Second Appeal From District Court Decision Affirming Primary Court Judgment

Legal Issues

  1. 1 Whether the order of custody was issued as per requirement of the law
  2. 2 Whether the courts below were justified in identifying and dividing matrimonial properties

Ratio Decidendi

Only two properties—the matrimonial house at Ununio and Plot No. 137 Block 2 Kibada—were proved to be matrimonial assets; all other properties were not sufficiently proved to be matrimonial and are excluded from division; custody and maintenance orders of the trial court are affirmed as being in the best interest of the children.

Court Disposition

Appeal allowed in part

Orders

  • Only the matrimonial house at Ununio and Plot No. 137 Block 2 Kibada are to be divided equally (50% each) between the parties; either party may buy out the other at government valuation or the properties may be sold and proceeds divided equally.
  • Custody and maintenance orders of the trial court remain undisturbed.