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Tanzania decisions
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The Tribunal correctly held it lacked jurisdiction to adjudicate the dispute as the property had already been determined as matrimonial property by a competent court, and the appellant conceded the relevant facts by failing to rebut the respondents' averments; the doctrine of stare decisis was properly applied.
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The High Court allowed a second appeal over attachment of household goods, holding that some items were exempt and others were not shown to be solely the debtor’s property.
The tribunal did not err in its analysis and evaluation of the evidence, including exhibit A2, as the appellant failed to prove ownership of the disputed property. The evidence showed the second respondent is the registered owner, and the tribunal's decision was based on a proper assessment of the evidence. New grounds raised by the appellant were not properly before the court and were disregarded.
Source excerpt
Eviction of the appellant from the matrimonial home by the legal representative of the deceased wife is unlawful under section 59(3) of the Law of Marriage Act; the appellant's right to remain in the matrimonial home arises from the subsisting marriage and cannot be overridden by the estate representative.
Source excerpt
The High Court held the suit premises were matrimonial property, but quashed rental arrears for lack of proof of tenancy terms. The appeal succeeded in part.
The High Court allowed a land appeal, quashed the tribunal’s decision, and held that the purported sale and transfer of the disputed premises was null and void.
The High Court upheld a finding that the disputed house belonged to the respondent, who built it before marriage. The appellant failed to prove any ownership interest.
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