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IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA TEMEKE SUB-REGISTRY oJne stop judicial centre MATRIMONIAL CAUSE N0.18987/2024

HAPPY RICHARD AUGUSTINE (Formerly Known aslHAPPY ADA AARON) ................... .PETITIONER

VERSUS

RICHARD AUGUSTINE ZUBERI (Formerly Known as RICHARD CHAMPIONI)............. RESPONDENT

JUDGEMENT Date of last order: 15/11/2024 Date of Judgement: 18/11/2024 S. D. MWAIPOPO J This is a petition for I divorce filed by one Happy Richard Augustine hereinafter to be referred to as the Petitioner against Richard Augustine Zuberi herein after to be referred to as the Respondent, seeking for the following orders; a. Divorce Decree be 'granted; b. Division of the Matrimonial Properties as follows; (i) One Storey Building Located at Kisutu Dar es Salaam (ii) One House Located at Ilala in Dar es! Salaam I - i' (iii) Six Houses Located at Nata in Mwanza - Tanzania f ! (iv) pne Plot of Land with Tower Located at Nata in ■Mwanza-Tanzania (v) pne House Located at Magomeni in Dar es Salaam (vi) Two Houses Located at Kisesa in Mwanz< (vii) Two Houses located at Bwiru in Mwanza (viii) One House Located at NBC in Mwanza I i (ix) One House Located at CCM KIRUMBA in Mwanza I ] (x) jTwo Houses Located at Kilimahewa in Mwanza (xi) One House Located at Bugando in Mwanza (xii) One House Located at Capripoint in Mwanza 1 ■ (xiii) One House Located at Mabatini in Mwanza (xiv) Four Car Yards (Garages) Located at; Buguruni in Dar es Salaam (xv) Four Cars (xvi) Limited Liability Company registered by the ’etitioner and the Respondent in the name of (ISESA EXPRESS LIMITED and all । properties I egistered under the Company's namo (xvii) Limited Liability Company operating under the Marne of

ZUBERI BUS SERVICES LIMITED and all Buses which are operating and registered under the Company's name (xviii) Many other properties jointly owned by the ! I: Petitioner and the Respondent which will be pisclosed during the hearing of these proceedings c. Any other relief which this Honourable Court deemsl just| and fit to grant. On the 20th Day of August 2024, the Respondent, upon be ng served with the Petition, filed an (answer to the Petition disputing the division of matrimonial assets on the ground that some of the assets are matrimonial assets while other assets are the Respondent's assets and others are unknown to the Respondent and thus not subject for division. The I 1 I Petitioner responded by filing a reply to an answer to the petition. As per the record, the matter was heard by way of adduction of ev dence and also I I determined by way of Deed of Settlement before closure of the petitioner's case. At the commencement of hearing, the Petitioner was rjepresented by learned advocate Ambrose Nkwera and the Respondent enlisted the services of learned advocate Philemon Mutakyamirwa who on different occasions was assisted by learned Advocate Jadness Jason. । On the first day of hearing, the following issues were framed and agreed upon by the parties: 1. Whether the marriage between the two parties has broken down irreparably 2. Whether there are matrimonial

assets/properties jointly acquired by the Petitioner and the Respondent subject to divisioi and if yes how should they be divided 3. To what reliefs are the parties entitled to The Petitioner (PW1) upon taking oath proceeded to adduce her evidence on the framed issues as follows; Testifying on the first issue, PW1 stated that; her and the Respondent solemnized their Christian marriage on 28th day of June 1986, at Bujora Roman Catholic Church in Mwanza Region in the United Republic of Tanzania. The Copy of the Marriage Certificate was tendered anld admitted as exhibit Pl. Together, the parties were blessed with four issues of marriage to wit; a. Grace Richard Ailigustine (who was raised by the Petitioner but not ' i 1 I biologically bpm by the Petitioner) b. Nora Richard Augustine I c. Anna Richard Augustine i | d. Maria Richard Ai’innstine e. Augustine Richarci Zuberi (who is now the decease She stated that all the children who are still surviving aije of [the age of majority. The Petitioner testified] further that throughout their marriage and prior to her marriage with the Respondent, they have never had a comfortable and peaceful life because) the Respondent always conducted himself in a I I [ manner which was detrimental to their marriage. She cited various irreconcilable differences including long time separation since 2015. As far as their dispute! is concerned the

Petitioner has referred the matter to various elders and later to the relevant Marriage Conciliation [Board, but without any success. (Thus the couple failed to reunite [henceforth this petition for Divorce. D The Petitioner then went on adducing evidence on the second issue framed by the court, Lei or whether there are jointly acquired matrimonial properties for division between the parties. In the course ojf her|! testimony and following the adjournment granted by the court, the parties went into an amicable settlemerjit. The move was blessed by the courjt and the matter was adjourned to enable the parties to conduct ^settlement discussions.

I I I I Following the stated adjournments, the matter was scheduled for hearing on 7th of November 2024, whereby both parties upon being given an I t opportunity to address the court, they informed it that they naa reached an amicable settlement ori the matter and would like to register their Deed of Settlement as Consent budgement and thus prayed for the court Decree to be issued therefrom. I Mindful of the fact that, no decree of divorce can be issued by the court unless it is proved that the marriage has irreparably brciken down and cognizant of the fact that the Petitioner had already adduced evidence on the said issue ang tne Respondent was yet to do so, |I oifdered the Respondent to also adduce evidence on the same aspect. Upon taking his oath, the Respondent testifying as DW1 agreed with the I Petitioner that their giarriage has irreparably broken down idue to a breakdown in communication, long time separation since; 52015 and II II! irreconcilable diffeijences between them stemming from the religious faith followed by the Petitioner. He testified that their matter was referred to I t I II various elders and lateij to the Marriage Conciliation Board, but without any success. The Respondent expressed no objection to the dissolution of their marriage. Apart from the evidence adduced in court, both parties also agreed in the Deed of Settlement on| this aspect of long-time

separation |as evidence of their marriage being irreparably broken down. Having heard the evidence adduced by both parties, the broad question to be resolved is whether^ the marriage between the parties nas irreparably broken down. From the evidencej presented, it is clear that the parties c^lebrjated their Christian marriage and lived together for almost 30 years. According to the Petition for divorce iand| their testimonies, their differences were, referred to various elders and later! to the Marriage Conciliation Board, But without any success. Thus, the couple failed to put aside their differences and reunite. A copy of the certificate from Marriage Reconciliation Board is attached to the Petition. Further, the petitioner cited irreconcilable differences including the prolonged separation since 2015, something which was not objected to by the Respondent in his testimony. After a careful analysis of evidence on record, I am satisfied that this uncontested ground of long term separation falls squarely under section 107(2)(f) of the Law of Marriage Act as a ground for divorce. The said section reads as follows; 107(2) Without prejudice to the generality of subsection (1) the court may accept any one or more of the following matters as evidence that a marriage has broken down but proof of any such matter shall not entitle a party as of right to a decree- f, Voluntary separation

or separation by decree of the court, where it has continued for three years Both parties have also agreed in the Deed of Settlement that they have been separated for their separation is almost nine (9) years which is beyond the three years stated under the above-mentioned provisions and that their marriage carinot be reconciled. The Respondent in his testimony raised no objection to the petition for divorce affirming that! their marriage has irretrievably broken down due to their long-term separation.] Clause 1 of the Deed of Settlement I » reads as follows: 1. That, the ; Marriage between the Petitioner and the Respondent has broken down beyond repair and Ithuc the decree of divorce is hereby issued on the ground that the parties cannot leave together since they have deserted each other since 2015 up to 2024. Therefore, based on tne evidence adduced by both parties] on tneir long­ term separation, arid considering the provisions of section 107(^)(f) of the Law of Marriage Act, as affirmed in the Deed of Settlement! thefirst issue framed by the court is hereby answered in the affirmative. Thus) the court is satisfied that the marriage between the parties is irretrievably broken down. Consequently, and pursuant to section 110(l)(a) of the Law of Marriage Act, this court is empowered to grant a Decree of Divorce 'once it is satisfied that the; marriage between the parties has |

broken down irreparably. See also the case of Tumaini M. Simoga vs Leonia Tumaini Balenga (Civil Appeal 117 of 2022) where the Court of Appeal of Tanzania sitting at Morogoro [2023] TZCA 249 (12 May 2023) affirmed that: No decree of divorce shall be granted unless it is proven that the marriage has irretrievably broken down. See also the case of BM vs DK matrimonial Cause no 4727/ 2024 HCT DSM decided by Hon. Barthy J Given the circumstances above and after a careful review of the materials placed at my disposal, I am compelled to hold that the marriage between the parties is irreparably broken down and this court proceeds to grant a Decree of Divorce. With regard to the remaining issues: that is whether there are jointly acquired matrimonial properties for division between the parties and to what reliefs are parties entitled to. Both Parties informed the court that they have also mutually agreed on those aspects in the Deed of Settlement filed in court on 7th November 2024 and that they would like to record the Deed of Settlement as Judgement and that the Decree should follow thereafter. Both parties further read out the terms which were also agreed upon by the Respondent's counsel. I have taken time to examine the Deed of Settlement filed in this court. Having gone throigh :he Deed of Settlement in question, this court is satisfied that the same meets the requirements of an

enforceable Deed and falls within the ambit or purview of Order XXIII Rule 3 of the CPC Cap 33 2019. Thus, the Deed of settlement filed by the parties herein is hereby adopted and recorded by the court. Further this court makes an order that; except for clause 3 requiring the Respondent to hand over ttle deeds and motor vehicle registration cards during the recording of the Deed of Settlement before the Court (Judge), which has been modified to allow the exercise to be done after the issuance of the Judgement and Decree, or 1 the date of the recording within five days from I of this Deed, th s Deed of Settlement forms ■ part of Judgement and Decree of this court in the present case. For the reasons stated above, this case is marked settled by the parties herein based on the terms and conditions agreed upon in the Deed of I Settlement and it is further decreed as follows; 1. That, the Marriage between the Petitioner and the Respondent has broken down beyond repair and thus the decree of di'I/orce is hereby issued on the ground that the parties cannot leave together since they have deserted each other since 2015 up to 2024.

2. The Deed of Settlement signed by both parties, which lalso [addresses the division of assets, is adopted as part of the court's decree and the Petitioner is awarded the following matrimonial assets' as hers : - (a)I One Ho'use I Located at Plot No. 93 Block "J" at Mhgomeni in Kinondoni Municipality, in Dar Es Salaam City. (b) One Hquse| Located at Plot No. 16 Block ”i-" piyamanoro, in Mwanza City (c) Two Houses and two frames of shop located at pne! plot which is Plot No. 13, Block ”B", House No.150 which is at Bwiru Area in i i Mwanza City. (d) Two Mbtor| vehicles, make Range Rover with registration number T386 BAD and Make Hyundai Elantra with registration number T795 DEX. (e) On top) of the assets mentioned above, the Respondent shall remit to the Petitioner the sum of Tanzania Shillings One Hundred and Fifty Million (Tshs 150,000,000/=) to the Petitjoneifs account number 0152^12356200 in the name HAPPY RICHARD AUGUSTINE opened and operated at CRDB Bank [within Five (5) days upon issuance of the Settlement Decree by this Honourable Court.

3. That, the Respondent shall hand over the title deed of the 'Properties (houses) mentioned in paragraph 2(a), (b), (c) and [Original Motor i I N Vehicle Registrations cards of the two motor vehicles mentioned in paragraph 2(d) to the Petitioner not exceedino five Havslfrom the date of recording this Deed of Settlement.

4. The Respondent Ishall ensure that after registration or | Deed of Settlement arid within five days after registration of this] Deed of Settlement, tfjie properties (houses) mentioned in paragrapn 2(a), (b), (c) shall be left vacant serve for the Houses which have tenants where their lease is expected to expire in December 2024'where the Respondent shall} take possession when the rent of the tenants come to an end. Tpe hpuse which has tenants is one located at [paragraph 2(b) and 2(c) iri one house only where the Petitioner {shall take possession inj December 2024 and two frames of shop she will also take possession immediately since the the Respondent has assured the Petitioner! that the tenants have not paid rents.

5. Upon signing] of this deed of settlement and recording of lithe same before the Court, [there will be no interference of the properties either by the Petitioner |nor the Respondent and each party] will [remain in possession of |his or her properties.

6. Both parties | to [the suit have agreed to relinquish all claims, applications ifj an| and other incidental proceedings [related to the said matrimonial proceedings pending before the Honoijable [Court.

7. Upon execution off this Deed, all the claims shall be full^ satisfied and the petitioned shall have no any further claims] against the Respondei n n । caucct of this matrimonial dispute or any other allied matter howsoever 8. The Petitioner shall relinquish any claim of entitlement or shares and dividends in the Respondent's two companies namey ZUBERI BUS SERVICES LIME "ED and KISESA EXPRESS LIMITED | and the procedure sn^ll De undertaken to remove her as the shareholder and director in KISESA EXPRESS LIMITED.

9. The Petitioned and Respondent shall not proceed with tipis suit nor institute a fifesh| suit regarding the transaction ord arrangement leading to this suit.

10. Upon filling of the Deed of Settlement, it shall n$ve effect as if it were a Decree or tne court made after full hearing and idelivery of Judgment upon its terms and should either of the parties hereto default in the performance of any terms herein, it shall Ibe enforced in the same manner and to the full extent as a Judgment |and Decree of the court.

11. This Deed I of Settlement contains the entire agreement between the parties and no party shall be bound by anjr undertaking, representation^ warranties, promise or the like not recorded herein.

12. Each party to bear its own costs incidental to the preparation and final execution of this Deed, including the advocates fees relating to the suit herein above mentioned. Dated at Temeke this 18th Day of November 2024 S.D. MWAIPOPO

JUDGE 18/11/2024