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Tanzania decisions
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Applicant demonstrated risk of substantial loss and hardship if evicted from matrimonial home, complied with procedural requirements, and pledged to execute commitment bond as security; stay of execution granted pending appeal.
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Properties distributed by family members under customary law and developed by the spouses are matrimonial assets subject to division. Equal division of assets and maintenance for children was proper; maintenance for the appellant was not warranted as she received an equal share of assets.
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Appeal dismissed. The High Court upheld custody of the younger children with the respondent and approved the division of matrimonial assets, including the house, motor vehicle, and plot.
The High Court partly allowed a family-law appeal, shifting custody of three children to the father and upholding the finding that the marriage had irretrievably broken down.
The best interests of the child require consideration of stability, sibling relationships, and environment; the presumption in favor of the mother for children under seven is rebuttable where continuity and welfare favor the father. The car RAV 4 was properly recognized as the respondent's property based on admission and prior agreement, and no further description was necessary.
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High Court nullified lower-court matrimonial orders and ordered a retrial after finding the courts failed to apply the presumption of marriage procedure properly.
High Court appeal on division of matrimonial property, children’s maintenance, and contribution under the Law of Marriage Act. The appeal was dismissed.
High Court matrimonial appeal partly allowed: the judge redivided matrimonial assets, recognizing contribution, domestic work, and the children’s needs.
The High Court dissolved the marriage, awarded custody of the children to the respondent, split maintenance equally, and left Tanzanian assets with the petitioner.
The appeal was dismissed because the appellant did not participate in the trial, so no evidence of her contribution to matrimonial property was available for consideration. The trial court did not distribute jointly acquired property but affirmed separate ownership based on the evidence presented. The custody order was based on the best interests of the children, considering their ages, needs, and the respondent's ability to provide for them. The issue of a child born out of wedlock was not properly pleaded and thus not a matter for determination.
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