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The High Court struck out a matrimonial appeal as incompetent because it was filed directly in the High Court instead of first through the District Court.
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.
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Second matrimonial appeal dismissed after the court held that the appellant raised new grounds not argued in the first appeal, which it could not entertain.
The Court of Appeal struck out a notice of appeal for failure to take essential steps under Rule 90, finding the respondent had not properly prosecuted the intended appeal.
The High Court dismissed an appeal against refusal to extend time to appeal, holding the appellant failed to explain nearly two and a half years of delay.
Applicant failed to account for all days of delay and did not demonstrate alleged illegalities were apparent on the face of the record; thus, no sufficient cause was shown for extension of time.
Source excerpt
The appellant failed to prove that the disputed houses at Muze and Isesa were jointly acquired matrimonial properties. There was no evidence that her contribution exceeded that of the respondent. The existence of a valid marriage was established by presumption under section 160(1) of the Law of Marriage Act. The District appellate court correctly considered the rights of the respondent's senior wife as required by law. The issue of property value and debts was not raised at trial and cannot be considered at this stage. The District appellate court properly applied the principles for division…
Source excerpt
The High Court allowed a divorce-related appeal, quashed the trial judgment, and ordered a retrial after finding the lower court failed to determine key issues.
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