19870805 TZHC Dar es Salaam

19870805 TZHC Dar es Salaam

The division of matrimonial assets by the lower courts did not incline towards equality as required by law. The house in Dar es Salaam was significantly more valuable than the hut and shamba in Tanga. The proper approach is to divide the house by rooms, allocating three rooms to the appellant and four to the...

Source-derived case information.

Citation
19870805 TZHC Dar es Salaam
Parties
Appellant: Zainabu Abdalla; Respondent: Omari Abdallah
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 August 1987
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Division of Matrimonial Assets, Divorce
Source Language
english
Family Law Division of Matrimonial Assets Divorce

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Parties

Zainabu Abdalla

Appellant

Omari Abdallah

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the division of matrimonial assets by the lower courts was proper and in accordance with the law

Ratio Decidendi

The division of matrimonial assets by the lower courts did not incline towards equality as required by law. The house in Dar es Salaam was significantly more valuable than the hut and shamba in Tanga. The proper approach is to divide the house by rooms, allocating three rooms to the appellant and four to the respondent, with the remainder of the property to be sold and proceeds divided equally, or for the parties to agree on division of other property under court supervision.

Court Disposition

appeal allowed in part

Orders

  • The house in Dar es Salaam to be divided by rooms: three rooms to the appellant, four rooms to the respondent.
  • The remainder of the property to be sold and proceeds divided equally between the parties.