Tanzania Case Law

STANLEY SIMON SENDEU VS MARTHA WILSON ZAKAYO

Court

TANZLII

The evidence established that all matrimonial assets, including the block-built house, were acquired jointly during the marriage. The appellant failed to challenge the respondent's evidence on joint acquisition. The concurrent findings of the lower courts on the division of assets (60% to appellant, 40% to respondent) were based on proper assessment of contribution and are not to be disturbed absent misdirection or error.

Source excerpt

• Division of matrimonial assets
• Contribution to matrimonial property
• Appeals process

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tanzlii 18ocrNDUMBARO0001

Court

TANZLII

Respondent contributed to acquisition of matrimonial assets through business and domestic duties; 40% division justified. Sugar cane farm not proved as matrimonial property due to contradictory evidence. Nyamvisi plot not proved as matrimonial property; appellant failed to establish intent. Order for payment of school fees unjustified as not pleaded.

Source excerpt

• Division of matrimonial assets
• Contribution to matrimonial property
• Dissolution of marriage
• Maintenance

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ORGENES JUDGMENT

Court

TANZLII

The appeal was dismissed because the lower courts correctly identified and divided matrimonial properties based on evidence and applicable law, properly excluded new evidence not raised at trial, and applied the correct standard of proof to both parties. There was no misdirection or misapprehension of evidence or law to warrant interference with concurrent findings.

Source excerpt

• Matrimonial property division
• Standard of proof in civil cases
• Admissibility of evidence on appeal
• Concurrent findings of fact
• Contribution to matrimonial property

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lantaena diyamet vs tumaini n mnondwa 2024 tzhc 718 4 march 2024

Court

TZHC

High Court appeal on division of matrimonial property, children’s maintenance, and contribution under the Law of Marriage Act. The appeal was dismissed.

• Matrimonial property division
• Dissolution of marriage
• Custody of children
• Maintenance
• Contribution to matrimonial property
• Matrimonial-property-division

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deogratius omary v trifaina francis 2024 tzhc 565 29 february 2024

Court

TZHC

High Court matrimonial appeal partly allowed: the judge redivided matrimonial assets, recognizing contribution, domestic work, and the children’s needs.

• Division of matrimonial assets
• Custody of children
• Contribution to matrimonial property
• Appeals procedure
• Division-of-matrimonial-assets
• Contribution-to-matrimonial-property

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RULING Amina Ludovick Simon

Court

TANZLII

The appellant's supervisory and domestic contributions to the construction and management of matrimonial assets entitle her to a greater share than awarded by the trial court. The evidence supports increasing her share in the Mbuyuni house to 30%.

Source excerpt

• Division of matrimonial assets
• Contribution to matrimonial property
• Domestic efforts as contribution

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PC

Court

TANZLII

Properties inherited by the appellant from his father do not constitute matrimonial assets under section 114 of the Law of Marriage Act as there was no evidence of joint acquisition or substantial improvement by the respondent; the first appellate court erred by relying on documents not admitted as evidence at trial.

Source excerpt

• Division of matrimonial property
• Validity of appellate court reliance on unadmitted evidence
• Interpretation of matrimonial assets
• Contribution to matrimonial property

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anthony david mtavangu legal personal representative of eva david mtavangu deceased vs john selemani mussa another 2022 tzhclandd 12709 13 december 2022

Court

TANZLII

The High Court Land Division struck out a land suit, holding the dispute belonged in probate and administration because it concerned estate distribution and contribution, not ownership.

• Jurisdiction
• Administration of estate
• Contribution to matrimonial property
• Probate-and-administration
• Estate-administration
• Land-disputes

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omary ramadhani kayamba vs farida juma 2022 tzhc 15003 1 december 2022

Court

TZHC

The High Court partly allowed a matrimonial property appeal, replacing equal division with a 70/30 split and excluding cows, a motorcycle, and farm tree from distribution.

• Distribution of matrimonial assets
• Contribution to matrimonial property
• Division of property on divorce
• Family-law
• Matrimonial-property
• Division-of-property-on-divorce

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gilbert finias manyerere vs paskazia david kakwaya 2022 tzhc 13234 9 september 2022

Court

TZHC

The appellant's disposal of matrimonial assets during the pendency of appeal did not extinguish the respondent's right to an equitable share; awarding the remaining assets to the respondent was fair and just. The maintenance order of Tshs 250,000/= was excessive given the appellant's financial circumstances and the shared parental duty; the trial court's award of Tshs 100,000/= was restored.

Source excerpt

• Division of matrimonial assets
• Child maintenance
• Contribution to matrimonial property
• Effect of asset disposal during appeal

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