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Tanzania decisions
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The trial court was not obliged to order division of matrimonial assets upon granting judicial separation because the evidence on record did not sufficiently identify the assets or establish joint acquisition, and section 114(1) of the Law of Marriage Act does not require automatic division at the time of separation.
Source excerpt
The High Court upheld a decree of judicial separation for cruelty and confirmed custody of the children with the mother, applying the child-welfare principle.
The High Court allowed a matrimonial appeal, holding that the appellant had not been properly served with notice of hearing and set aside the ex-parte judgment.
The High Court rejected an application for judicial separation and maintenance, finding no evidence of cruelty under section 107(1)(c) of the Law of Marriage Act.
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