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Tanzania decisions
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The trial court's order placed a disproportionate burden on the appellant by assigning her sole responsibility for education and other expenses, contrary to the principle of shared parental responsibility under the Law of the Child Act. The order was varied to ensure a more equitable distribution of financial obligations between both parents.
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The appellant failed to prove that the respondent willfully defaulted on maintenance payments or that all other enforcement mechanisms were exhausted; thus, civil imprisonment was not justified and the trial court's dismissal was correct.
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The High Court set aside a juvenile court maintenance award after finding the magistrate failed to consider statutory factors and a social welfare report.
The High Court partly allowed a matrimonial appeal, mostly upholding custody and maintenance while varying child maintenance and adjusting property division.
The appellate court erred by raising and deciding on the issue of child maintenance, which was not appealed against, without affording the parties the right to be heard. This denial of the right to be heard vitiated the proceedings and judgment, rendering them a nullity.
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The High Court recorded a consent settlement in a matrimonial appeal, withdrawing the appeal and confirming children’s ownership of the disputed property.
The farm at Bishulo area was the only matrimonial property and should be divided equally as it was acquired during the marriage by joint effort; the shop was not a matrimonial asset and no longer existed; custody of all children should remain with the respondent as it is in their best interest and consistent with their wishes; maintenance amount is sufficient.
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The High Court dismissed a father’s appeal against a child maintenance order, upholding monthly support of TZS 60,000 and annual health insurance.
The trial court correctly ordered maintenance and education expenses based on the respondent's proven net salary and financial obligations. The applicant failed to prove the respondent's ability to pay more or to raise the issue of the child's disability at trial. The appellate court found no error in the trial court's reliance on the Social Inquiry Report and the evidence presented.
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The High Court allowed an appeal against a maintenance order, finding it was wrong to require the father to pay the mother while the children were in his custody.
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