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Tanzania decisions
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Second matrimonial appeal on division of property. The High Court reversed the husband’s 30% share in one house, but left the rest of the lower courts’ orders intact.
High Court appeal over matrimonial property division after divorce was dismissed. The court upheld equal division and rejected the challenge to BAKWATA’s role.
Appellant failed to prove house No. 296 was not matrimonial property; no evidence was provided to support exclusion. Conciliation board procedure was complied with as appellant was called but did not appear. Appeal dismissed as grounds lacked merit.
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The appeal was allowed because the respondent failed to produce a valid certificate from the Marriage Conciliation Board as required by law, rendering the original matrimonial proceedings and subsequent appellate decisions incompetent and a nullity.
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The High Court held the District Court lacked jurisdiction over a claim for adultery-related damages concerning an Islamic marriage, and nullified the proceedings.
The house at Machimbo Yombo Vituka was acquired during the marriage and is matrimonial property; both parties contributed, but respondent's contribution was less substantial; division should reflect the extent of contribution, awarding 65% to appellant and 35% to respondent.
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The appeal was dismissed because the marriage between respondent and H.S.N was not dissolved by a court, BAKWATA lacked jurisdiction to issue a valid talaq, and the appellant was or should have been aware of the subsisting marriage. The appellant's reliance on BAKWATA's talaq was misplaced, and ignorance of the law is not a defence. The first appellate court's award of damages was justified.
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The lower courts failed to properly ascertain the existence and nature of the marriage under Islamic law and did not ensure compliance with legal procedures, rendering the proceedings defective and necessitating a retrial.
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The High Court dismissed a matrimonial appeal over property division and child custody, holding that the trial court properly evaluated evidence and applied the child’s best interests.
Only properties proven to be acquired during marriage and with evidence of contribution by either party are subject to division. In the absence of evidence of greater contribution by either party, equal division is appropriate for certain assets, but where registration and circumstances indicate greater contribution, a 60/40 split is justified. Orders for maintenance and division of bank funds must be supported by evidence of income and existence of funds. Custody is to be determined in accordance with Islamic law and the best interests of the children.
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