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Tanzania Case Law

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Civil procedure PAUL KYAUKA NJAU AND FEBRONIA PAUL KYAUKA AND ANOTHER

PAUL KYAUKA NJAU AND FEBRONIA PAUL KYAUKA AND ANOTHER

All complaints raised are res judicata, having been previously determined on merit in earlier proceedings involving the same parties and issues; court is functus officio and cannot reopen the matter.

  • Res judicata
  • Estate administration
  • Distribution of assets
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Probate theresia vicent rimoy and another vs mecktilda vicent rimoy and three others 2022 tzhc 15381 12 december 2022

theresia vicent rimoy and another vs mecktilda vicent rimoy and three others 2022 tzhc 15381 12 december 2022

The High Court lacks jurisdiction to entertain a civil suit seeking to set aside or alter the distribution of an estate after probate proceedings have been closed by court order. The proper remedy for aggrieved parties is appeal or revision, not a fresh civil suit. Allowing such suits would violate public policy and undermine finality of litigation.

  • Jurisdiction
  • Administration of estates
  • Distribution of assets
  • Inventory and accounts
  • Functus officio
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Family law salima ally omary vs taji bakari 2020 tzhc 4644 30 november 2020

salima ally omary vs taji bakari 2020 tzhc 4644 30 november 2020

The High Court partly allowed a matrimonial appeal, finding the appellant contributed to property acquired and improved during marriage and awarding her a house, a car, and household wares.

  • Matrimonial property
  • Divorce
  • Distribution of assets
  • Contribution of spouse
  • Family-law
  • Matrimonial-property
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Family law yesse mrisho vs sania abdul 2019 tzca 414 7 november 2019

yesse mrisho vs sania abdul 2019 tzca 414 7 november 2019

Proof of marriage alone does not entitle parties to equal division of matrimonial property; courts must assess the extent of each party's contribution. In this case, both parties contributed equally, warranting equal division.

  • Matrimonial property
  • Distribution of assets
  • Contribution assessment
  • Custody of children
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Family law rehema said vs flora moshi others 2009 tzhc 124 25 september 2009

rehema said vs flora moshi others 2009 tzhc 124 25 september 2009

High Court appeal over matrimonial property distribution allowed after the trial court failed to consider the first wife’s interests in a polygamous family dispute.

  • Matrimonial property division
  • Polygamous marriage
  • Appeal
  • Revisionary powers
  • Distribution of assets
  • Matrimonial-property-division
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Family law 19910905 TZHC Dodoma

19910905 TZHC Dodoma

The High Court in Dodoma allowed an application for divorce and distribution of assets, finding the marriage irretrievably broken.

  • Divorce
  • Distribution of assets
  • Family-law
  • Distribution-of-assets
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Family law 19880407 TZHC Dar es Salaam

19880407 TZHC Dar es Salaam

Second appeal in a divorce-related property and maintenance dispute. The court upheld findings that two houses were not divisible marital assets, but allowed the maintenance appeal.

  • Maintenance
  • Distribution of assets
  • Divorce
  • Family-law
  • Marital-property
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.