Tanzania Case Law

JOVIN MUTA V BEATRICE SAANANE

Court

TANZLII

The best interests of the child require consideration of stability, sibling relationships, and environment; the presumption in favor of the mother for children under seven is rebuttable where continuity and welfare favor the father. The car RAV 4 was properly recognized as the respondent's property based on admission and prior agreement, and no further description was necessary.

Source excerpt

• Custody of children
• Division of matrimonial assets
• Dissolution of marriage

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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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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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oniface nicholous vs agnes niguli 2023 tzhc 19154 21 july 2023

Court

TZHC

The trial court properly considered both parties' evidence and correctly ordered division of matrimonial property; however, the maintenance order was erroneous as the appellant had custody of the children.

Source excerpt

• Division of matrimonial property
• Maintenance of children
• Custody of children
• Dissolution of marriage

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tumaini m simoga vs leonia tumaini balenga 2023 tzca 249 12 may 2023

Court

TZCA

The certificate from the Marriage Reconciliation Board was not expired as the matter remained in court; the respondent was entitled to a share of matrimonial assets due to indirect contributions; the marriage had broken down irreparably, warranting dissolution; mutual consent to divorce is not applicable in Tanzanian law.

Source excerpt

• Matrimonial property division
• Dissolution of marriage
• Contribution to matrimonial assets
• Jurisdiction of court
• Mutual consent to divorce

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leonia tumaini balenga vs tumaini m simonga 2022 tzhc 9649 31 march 2022

Court

TZHC

Appellant is entitled to a share of matrimonial assets acquired during marriage, including indirect contributions; trial court erred in excluding the 100-acre farm from division and in ordering sale of the small house to settle an overstated loan; appellant awarded 40% of the farm, small house to appellant, big house to respondent; exclusion of certain properties sustained where evidence was lacking.

Source excerpt

• Division of matrimonial assets
• Dissolution of marriage
• Maintenance
• Burden of proof

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edulai springi chaula vs rehema william mandowa 2021 tzhc 7477 30 november 2021

Court

TZHC

The High Court allowed a matrimonial appeal, held that adultery had been proved, and restored the Primary Court’s decree dissolving the marriage.

• Matrimonial causes
• Dissolution of marriage
• Division of matrimonial assets
• Adultery
• Family-law
• Matrimonial-causes

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fadina mussa mponda vs shaibu ally mtepa 2020 tzhc 4419 17 december 2020

Court

TZHC

The High Court restored the primary court’s division of matrimonial assets, holding that both houses were jointly acquired during marriage, but the inherited cashewnut farm was not divisible.

• Division of matrimonial assets
• Dissolution of marriage
• Matrimonial property
• Compensation for services
• Inheritance exclusion
• Division-of-matrimonial-assets

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judith augustino simon vs william isaya mpinga 2020 tzhc 1335 30 june 2020

Court

TZHC

The High Court partly allowed a family-law appeal, varying custody and property division orders and preserving monthly child maintenance.

• Matrimonial property division
• Child custody
• Child maintenance
• Dissolution of marriage
• Matrimonial-property-division
• Child-custody

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william morris vs philis nyimbi 2018 tzhc 2733 5 july 2018

Court

TZHC

High Court appeal over division of matrimonial assets led to a retrial after the trial court failed to decide all issues and made potentially prejudicial remarks.

• Division of matrimonial assets
• Dissolution of marriage
• Matrimonial property
• Retrial procedure
• Family-law
• Matrimonial-property

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