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Second matrimonial appeal on division of property. The High Court reversed the husband’s 30% share in one house, but left the rest of the lower courts’ orders intact.
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 High Court held that Plot No. 854 Block ‘HH’ Nyakato Mwanza was not matrimonial property because title remained in the deceased’s name and transfer was incomplete.
The suit house, acquired during the subsistence of marriage, was matrimonial property regardless of registration or direct financial contribution. Disposition of such property without spousal consent is void under the Law of Marriage Act and Land Act. The appellant, aware of the marital relationship, failed to obtain consent, rendering the sale null and void. Costs were properly awarded to the successful party.
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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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Applicant improperly invoked revisionary jurisdiction; grounds raised are appealable and do not demonstrate material irregularity or illegality. Revision cannot be used as substitute for appeal when right to appeal exists.
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The High Court dismissed an appeal over Kiteto properties, holding the appellant failed to prove joint acquisition or contribution so they were not matrimonial assets.
The appeal lacked merit as the trial court properly entered judgment on admission for divorce, amendments to pleadings were permissible and did not cause prejudice, the property in question was matrimonial property subject to equal division based on evidence of contributions from both parties, and procedural irregularities did not warrant nullification of proceedings. The decree's lack of detailed property description did not affect execution as the property was known to both parties.
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The High Court dismissed a matrimonial property appeal, upheld the district court’s orders, and held that the MCB certificate issue did not defeat jurisdiction.
The appellant failed to prove that the house at Majita Road, Musoma District, Mara Region was matrimonial property jointly acquired during the marriage. The trial court properly distributed only the Bunju B property, which was pleaded and proved. The Marriage Conciliation Board certificate was validly issued and admitted, conferring jurisdiction on the trial court. The appeal lacked merit and was dismissed.
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