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Tanzania decisions
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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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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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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.
Respondent contributed to acquisition of matrimonial assets through business and domestic duties; 40% division justified. Sugar cane farm not proved as matrimonial property due to contradictory evidence. Nyamvisi plot not proved as matrimonial property; appellant failed to establish intent. Order for payment of school fees unjustified as not pleaded.
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There was insufficient evidence from either party to establish the extent of contribution to the matrimonial assets; therefore, equal division was fair and the District Court's decision was upheld.
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The High Court refused to restore an appeal dismissed for non-appearance, finding the applicant failed to prove sufficient cause and relied on untruthful affidavit evidence.
High Court appeal on division of matrimonial property, children’s maintenance, and contribution under the Law of Marriage Act. The appeal was dismissed.
The High Court dissolved the marriage, awarded custody of the children to the respondent, split maintenance equally, and left Tanzanian assets with the petitioner.
Failure to administer an oath to a witness before testimony is a fatal procedural error that vitiates the entire proceedings, judgment, and decree, necessitating a retrial.
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No valid consent judgment existed as parties did not sign any agreement; advocates cannot bind parties without written authority; orders for review and rectification were made out of time and without jurisdiction, rendering them nullities.
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