20010803 TZHC Arusha

The trial court failed to conduct necessary enquiries into the means of both parties before awarding maintenance. The evidence regarding matrimonial property was inconclusive and insufficient to warrant division or sale.

Citation: 20010803 TZHC Arusha
Parties: Appellant: Pendo Ilatira; Respondent: Unknown (Respondent)
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 3 August 2001
Procedural Posture: Civil Appeal / Second Appeal
Outcome: Appeal allowed in part and dismissed in part
Legal Topics: Maintenance of Children, Division of Matrimonial Property
Source Language: English

Family Law Maintenance of Children Division of Matrimonial Property

Case Brief

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Parties

Pendo Ilatira

Appellant

Unknown (Respondent)

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

1 Whether the trial and appellate courts erred in awarding TShs 10,000/= as maintenance without proper enquiry into the means of both parties
2 Whether there was sufficient evidence of matrimonial property acquired during marriage

Ratio Decidendi

Court Disposition

Appeal allowed in part and dismissed in part

Orders

The issue of maintenance amount is referred back to the trial court for proper enquiry and determination.
No order as to costs.