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Tanzania decisions
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The High Court in Mwanza declared Gratian Kalibala presumed dead after seven years without contact, but declined the request to commence a civil suit on property and inheritance.
Appeal dismissed due to lack of evidence supporting appellant's claims for increased maintenance and equal division; trial court's findings affirmed as appellant failed to prove value, size, or contribution regarding matrimonial assets.
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The respondent complied with the maintenance order as evidenced by unchallenged counter affidavit and proof of payment; appellant's application for execution lacked merit and was properly dismissed by the trial court.
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Appeal partly allowed in a matrimonial property and child maintenance dispute. The court adjusted asset division, addressed custody, and ordered monthly support.
The High Court restored the trial court’s division of matrimonial property, holding that the first appellate court had reallocated assets without proof of the respondent’s contribution.
The High Court partly allowed an appeal over division of matrimonial property, varying the allocation while leaving the rest of the trial court’s orders intact.
The High Court dismissed a second appeal over division of matrimonial property, holding that the lower courts properly assessed the appellant’s contribution and that she had already received her share.
The High Court nullified divorce proceedings and judgments after finding the marriage certificate tendered was not legally valid and that the relationship was not properly determined as a presumption of marriage.
The High Court allowed a third matrimonial appeal, holding the divorce petition was incompetent because no marriage reconciliation certificate was properly on record.
The trial court properly considered both parties' evidence and correctly ordered division of matrimonial property; however, the maintenance order was erroneous as the appellant had custody of the children.
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