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Tanzania decisions
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On second appeal, the High Court upheld divorce and division of property, finding the dispute had been referred to the Marriage Conciliation Board and the land was matrimonial property.
The High Court allowed a criminal appeal against a rape conviction, quashed the 30-year sentence, and ordered the appellant’s release.
The High Court allowed a second appeal in an adultery damages dispute, holding that the Primary Court lacked jurisdiction because no valid marriage between the respondent and the alleged wife was proved.
High Court upheld dismissal of a matrimonial property claim, finding no proof the appellant contributed to or jointly acquired the disputed property.
The High Court held that the relationship was a presumption of marriage, so divorce could not be granted, but it upheld the award for land improvement and child maintenance.
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
The appeal is allowed because the respondent's claim to be recognized as the deceased's wife and heir was raised prematurely and without sufficient evidence in the proper procedural context. The trial court's decision was quashed as the application was not properly supported by affidavit evidence and bypassed required probate procedures.
Source excerpt
The High Court dismissed a land appeal, upholding findings that the respondent lawfully occupied the disputed land through her marriage to Willington Ngido and that the claim was time-barred.
The trial court erred by dividing matrimonial assets without first granting a decree of divorce or separation and without properly establishing the presumption of marriage as required by law. The reliefs granted were not based on the pleadings or proper legal foundation, warranting the quashing and setting aside of the trial court's judgment and orders.
Source excerpt
The High Court dismissed a probate appeal, holding that the appellant failed to prove a lawful customary marriage and was not entitled to administer the deceased’s estate.
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