Tanzania Case Law

oc ommy tanzlii CIVIL APPEAL NO

Court

TANZLII

The respondent contributed TZS 50,000 to the purchase of the matrimonial house during marriage, satisfying the requirements of section 114 of the Law of Marriage Act for division of matrimonial property. The trial court's award of 35% to the respondent was based on evidence and proper legal principles. The appellant's arguments regarding asset acquisition before marriage, sentimental value, and valuation were either unsupported by evidence or legally irrelevant. The appeal lacks merit and is dismissed.

Source excerpt

• Matrimonial property division
• Divorce
• Contribution to matrimonial assets

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MALODA YOBWA

Court

TANZLII

The respondent had substantial contribution to the acquisition of matrimonial assets except for the house built after separation. The division by the first appellate court was proper and should be upheld.

Source excerpt

• Matrimonial property division
• Contribution to matrimonial assets
• Appeal procedure

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KIDUNDA AHMED MANGIRI Vs

Court

TANZLII

The appellate court was justified in upholding the division of the two houses at Masange village as matrimonial property at a 75:25 ratio between appellant and respondent because the properties were constructed during the marriage and the respondent's contribution through domestic work was properly considered under section 114(2)(b) of the Law of Marriage Act. The issue of the first wife's contribution could not be entertained as it was not raised at trial or first appeal.

Source excerpt

• Division of matrimonial property
• Contribution to matrimonial assets
• Domestic work as contribution
• Appeals procedure

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SALAMA MOHAMED VS ALLY ABDALLAH Draft JUDGMENT

Court

TANZLII

The appellant failed to discharge the burden of proof to establish equal contribution to the acquisition and improvement of the matrimonial property. The evidence showed the respondent acquired the land prior to marriage and contributed more significantly. The District Court's division of 30% to appellant and 70% to respondent was supported by the evidence and applicable legal principles.

Source excerpt

• Division of matrimonial property
• Burden of proof
• Contribution to matrimonial assets

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bashiru faraji liumba vs zuena said mohamed 2024 tzhc 916 27 february 2024

Court

TZHC

High Court appeal over matrimonial property division after divorce was dismissed. The court upheld equal division and rejected the challenge to BAKWATA’s role.

• Matrimonial property division
• Islamic marriage
• Contribution to matrimonial assets
• Role of reconciliation boards
• Matrimonial-property-division
• Law-of-marriage-act

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nyaoga mayunga vs yombo budobudo 2024 tzhc 236 12 february 2024

Court

TZHC

The court held that only properties jointly acquired during marriage or substantially improved by joint efforts qualify as matrimonial assets for division. The appellant failed to prove her contribution to the Sengerema house and other assets beyond the Isenge plot. The house at Sengerema and the majaruba registered in the child's name are not matrimonial properties. The division ordered by the first appellate court was equitable and supported by evidence.

Source excerpt

• Matrimonial property division
• Customary marriage
• Divorce
• Contribution to matrimonial assets

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CIVIL APPELA NO 13863 OF 2024 Saidi Mbarapi

Court

TANZLII

The court held that both the Mbande and Saku houses, as well as the plots at Kigamboni and Msongola, are matrimonial assets subject to division. The appellant made a greater contribution to their acquisition, justifying an unequal division. The marriage was irreparably broken down due to prolonged separation and evidence of adultery. The outstanding loan was not clearly linked to the matrimonial assets. The trial court's division was modified to reflect the parties' respective contributions.

Source excerpt

• Matrimonial property division
• Divorce
• Contribution to matrimonial assets
• Valuation of matrimonial assets
• Custody and maintenance

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CIVIL APPEAL NO

Court

TANZLII

Properties inherited by one spouse but substantially improved during marriage by joint efforts become matrimonial assets subject to division based on the extent of contribution. The trial court erred in awarding only 20% to the appellant based on property location; equal division (50% each) of the value of improvements is appropriate. Cross-appeal grounds on non-matrimonial and non-existent properties lack merit.

Source excerpt

• Matrimonial property division
• Contribution to matrimonial assets
• Inheritance and matrimonial property
• Valuation of improvements

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Jumanne Hamis suleiman v Rukia Mustapha Matrimonial Appeal No

Court

TANZLII

The house is matrimonial property as it was acquired during the marriage with the appellant’s substantial contribution; the respondent failed to prove independent acquisition or contribution. Division should reflect actual contributions, and the appellant is entitled to 70% and the respondent 30%. Documents relating to vehicles and boats must be returned to the appellant; no order as to clothes due to lack of clarity.

Source excerpt

• Division of matrimonial property
• Contribution to matrimonial assets
• Appeals procedure
• Trust in property registration

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PC Civil Appeal No

Court

TANZLII

All three houses, the two plots, and household items are matrimonial properties as they were acquired during the marriage and both parties contributed, either financially or through domestic work. The appellant failed to provide sufficient evidence to prove sole ownership or lack of respondent's contribution. The car was not proven to be matrimonial property due to insufficient evidence of joint acquisition or contribution. The lower courts properly evaluated the evidence and their concurrent findings stand.

Source excerpt

• Matrimonial property division
• Divorce
• Contribution to matrimonial assets
• Appeals process

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