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Tanzania decisions
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The High Court allowed this matrimonial appeal in part, upheld an Islamic divorce, held the trial court breached natural justice regarding a third party, and reassessed property division.
The High Court of Zanzibar lacked jurisdiction to determine the dispute as it involved division of matrimonial property between Muslims married under Islamic law; such matters fall within the exclusive jurisdiction of the Kadhi Court. The proceedings and decree of the High Court were a nullity and must be set aside.
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High Court probate appeal dismissed after finding no error in the District Court’s decision to restart administration of the deceased’s estate afresh.
The Primary Court lacked jurisdiction to entertain the claim for damages for adultery because the form of marriage between the appellant and the second respondent was not established as customary or Islamic, and there was no petition for divorce; thus, section 75 of the Law of Marriage Act applied, and the suit should not have been entertained.
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District Delegate lacked jurisdiction to entertain Probate and Administration Cause No. 77 of 2022 as the estate was administrable under Islamic law and original probate cause remained pending in Urban Primary Court; transfer to District Court was void ab initio; new probate cause was improperly initiated while original cause was undetermined.
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The High Court dismissed a matrimonial appeal, upholding a divorce decree. It held that defects in the BAKWATA conciliation process did not prevent judgment, and that talaak and completed iddat showed irreparable breakdown.
Where parties' conduct and intention demonstrate joint ownership, division of property is warranted; only existing properties at dissolution are subject to division; Islamic law principles apply in absence of statutory guidance.
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The appellant failed to discharge the burden of proof that she solely built the house; evidence showed the house was a matrimonial home, and the deceased's heirs are entitled to inherit a share, while the appellant is entitled to a 'kithumuni' share under Islamic law.
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The appellant is entitled to a share of the proceeds from the sale of the jointly acquired house and the shamba, and the respondent is legally bound to maintain the child Awathif. The trial court erred in applying Islamic law instead of the Law of Marriage Act and in condemning the appellant to costs.
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The High Court dismissed a divorce appeal, holding the marriage had irreparably broken down after separation, non-maintenance, and the issuing of talak.
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