richard william sawe vs woitara richard sawe 1994 tzca 41 16 june 1994

richard william sawe vs woitara richard sawe 1994 tzca 41 16 june 1994

The appellant's claim to deny the respondent a share of matrimonial assets based on custom fails due to lack of evidence and because the issue was not raised at trial. The trial judge's equal division of assets and order for each party to bear their own costs is upheld, except that both parties must share equally the responsibility for repaying the outstanding loan on the matrimonial home.

Citation
richard william sawe vs woitara richard sawe 1994 tzca 41 16 june 1994
Parties
Appellant: Richard William Sawe; Respondent: Woitara Richard Sawe
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 June 1994
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal partly allowed
Legal Topics
Divorce, Division of Matrimonial Assets, Customary Law, Costs in Matrimonial Proceedings
Source Language
English
Family Law Divorce Division of Matrimonial Assets Customary Law Costs in Matrimonial Proceedings

Case Brief

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Parties

Richard William Sawe

Appellant

Woitara Richard Sawe

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the division of matrimonial assets should be equal despite the respondent's adultery and alleged custom
  2. 2 Whether costs should be borne solely by the respondent
  3. 3 Whether the appellant is entitled to compensation and damages for breakdown of marriage

Ratio Decidendi

The appellant's claim to deny the respondent a share of matrimonial assets based on custom fails due to lack of evidence and because the issue was not raised at trial. The trial judge's equal division of assets and order for each party to bear their own costs is upheld, except that both parties must share equally the responsibility for repaying the outstanding loan on the matrimonial home.

Court Disposition

Appeal partly allowed

Orders

  • Respondent to participate equally with appellant in liquidating the outstanding loan on the matrimonial home
  • In all other respects, appeal dismissed