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Tanzania decisions
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High Court nullified lower-court matrimonial orders and ordered a retrial after finding the courts failed to apply the presumption of marriage procedure properly.
The house in Moshi, Kilimanjaro was acquired during the subsistence of the marriage as evidenced by the sale agreement dated 12 June 1991, admitted as Exhibit A2. The Respondent failed to prove acquisition before marriage. The property is matrimonial and should be divided, with the Appellant entitled to 40% and the Respondent to 60% due to the Respondent's direct financial contribution in purchasing the plot.
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The applicant satisfied the conditions for stay of execution by timely filing, demonstrating substantial loss regarding the first suit property, and offering sufficient security through a commitment bond pledging her shares and maintaining the property condition.
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The quantum of child maintenance should be TZS 40,000 per month, as agreed by the appellant and recommended by the social welfare report, and the appellant must allocate one acre of farmland to the respondent for child support.
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High Court matrimonial appeal ordering rehearing on two properties, while upholding the Kiangu house division at 40% to the appellant and 60% to the respondent.
The trial was vitiated by incurable irregularity as an assessor who did not hear all the evidence participated in the judgment, occasioning a failure of justice. The proceedings and decisions of the lower courts are quashed and set aside. A trial de novo is ordered before a competent magistrate.
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The trial and appellate courts had jurisdiction to entertain the matter as a civil suit under customary law, and the proceedings were not fatally defective for not being filed as matrimonial proceedings. The presumption of marriage is not a pure point of law but requires factual proof. The appeal is unmerited and dismissed.
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High Court appeal on presumed marriage partly allowed; fixed compensation of TZS 4,000,000 was set aside and the house value was to be shared 70/30.
The appeal is incompetent as the 1st appellant lacks locus standi in matrimonial proceedings; the District Court wrongly entertained the issue after ownership was determined by the Ward Tribunal. Proceedings and decisions of the District Court and trial court are nullified.
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High Court matrimonial second appeal dismissed. The court held the appellant failed to prove the house was matrimonial property or that she contributed to its acquisition.
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