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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 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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Second appeal over division of matrimonial property dismissed. The High Court held the disputed plot and house were acquired and developed by the respondent, not by joint effort.
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 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.
There was insufficient evidence from either party to establish the extent of contribution to the matrimonial assets; therefore, equal division was fair and the District Court's decision was upheld.
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The appeal was dismissed because the grounds raised by the appellant were either not raised at the first appellate stage or lacked merit. The trial and first appellate courts properly considered the evidence regarding child maintenance and division of matrimonial property. The appellant was afforded the right to be heard, and the respondent's contributions to the improvement of the house justified its classification as matrimonial property subject to division.
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The trial court properly evaluated the evidence, including the testimony and exhibits of the appellant's witnesses, and correctly found that the house at Kateka 'B' was matrimonial property. There was no credible contrary evidence to disturb the findings of fact by the lower courts.
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The marriage was found irreparably broken due to prolonged voluntary separation, mental cruelty, and wilful neglect. Custody of the children was granted to the petitioner based on prior arrangement and welfare. Maintenance for children was ordered based on respondent's stated income, but spouse maintenance was denied due to lack of proof of need or respondent's capacity. The matrimonial home was ordered to be divided equally, reflecting both parties' contributions, while other alleged assets lacked sufficient proof for division.
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The quantum of child maintenance should be TZS 40,000 per month, as agreed by the appellant and recommended by the social welfare report, and the appellant must allocate one acre of farmland to the respondent for child support.
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