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Tanzania decisions
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The High Court held that an appeal was timely because its electronic filing date controlled, not the later hardcopy endorsement date. The preliminary objection was dismissed.
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.
Land appeal dismissed: the appellant failed to prove ownership, and the court upheld the sale of the land in execution of a decree against the husband.
The applicant introduced new facts in the supplementary affidavit without leave of the court, contrary to the amendment order. The affidavit is incurably defective as the facts regarding eviction were within the applicant's knowledge at the time of the original affidavit but were omitted. Submissions from the bar cannot substitute for affidavit evidence. Without supporting evidence of eviction in the affidavit, the application for maintenance of status quo ante fails.
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The application for stay of execution was filed within the prescribed time after service of notice of execution regarding the Kijitonyama property. The lack of Registrar's endorsement on the affidavit is a procedural omission not fatal to the application. The applicant demonstrated risk of substantial loss if evicted, as the alternative property is unfinished. A general undertaking to furnish security is sufficient in the context of a non-monetary decree. The requirements for stay of execution under rule 11(4)-(7) were met.
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The first respondent failed to prove, on the balance of probabilities, that she was lawfully married to the second respondent as required by law; the letter from the Street Chairman is not sufficient proof of marriage under section 55 of the Law of Marriage Act; contradictions between pleadings and testimony undermined her case; therefore, the trial Tribunal erred in its findings and decision.
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The appellant failed to prove that the disputed property was matrimonial property or that he had a registrable interest. The property was registered solely in the first respondent's name, and the second respondent conducted due diligence before purchase. Procedural omissions did not prejudice the parties. Therefore, the sale without the appellant's consent was lawful.
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The court found that the evidence presented did not conclusively establish cruelty or adultery to the satisfaction required for a decree of divorce; family quarrels and hearsay testimony were insufficient to prove irreparable breakdown of marriage.
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Second appeal in a matrimonial dispute. The High Court allowed the appeal, finding the lower courts distributed property without sufficient proof of the assets or each party’s contribution.
The High Court held that an appeal from objection proceedings in execution was incompetent. The proper remedy for a dissatisfied objector was to file a fresh suit.
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