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The High Court dismissed a land appeal, holding the tribunal lacked jurisdiction because the dispute had already been determined in matrimonial proceedings and execution.
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.
Source excerpt
The High Court set aside a land tribunal decision that treated disputed lands as matrimonial property, and remitted the case for additional evidence.
The second appellate court cannot entertain grounds not raised in the first appellate court unless they involve a point of law. The concurrent findings of the lower courts regarding custody and welfare of the children were based on proper evaluation of evidence and legal principles. There was no misapprehension of evidence or miscarriage of justice. The appeal is dismissed.
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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 marriage is irreparably broken down due to voluntary separation exceeding three years, satisfying statutory grounds for divorce; parties have mutually agreed to division of assets and other reliefs in a Deed of Settlement, which is adopted as judgment and decree.
Source excerpt
High Court partly allowed a matrimonial appeal, quashing part of a property division and remitting the issue to another magistrate for fresh evidence and fairness review.
The appellate court was justified in upholding the division of the two houses at Masange village as matrimonial property at a 75:25 ratio between appellant and respondent because the properties were constructed during the marriage and the respondent's contribution through domestic work was properly considered under section 114(2)(b) of the Law of Marriage Act. The issue of the first wife's contribution could not be entertained as it was not raised at trial or first appeal.
Source excerpt
High Court upheld dismissal of a matrimonial property claim, finding no proof the appellant contributed to or jointly acquired the disputed property.
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