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Tanzania decisions
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The first appellate court's failure to address and determine the grounds of appeal, particularly those concerning the right to be heard and the legality of the trial court’s decision, is a fatal irregularity rendering its judgment a nullity.
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The High Court held that the relationship was a presumption of marriage, so divorce could not be granted, but it upheld the award for land improvement and child maintenance.
The trial court correctly found that both parties contributed to the acquisition and improvement of the matrimonial assets during the marriage, including financial, supervisory, and domestic contributions by the respondent. The division of assets, awarding a larger share to the appellant due to higher income, was proper and in accordance with the law.
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High Court matrimonial appeal over division of a house, alleged mismanagement, a PCCB-area plot, and child custody. The appeal was dismissed.
The High Court upheld unequal division of matrimonial property and child maintenance, finding the appellant proved contribution only to one house.
The High Court dismissed a civil appeal over USD 11,000 held for a deceased child’s maintenance, finding no deductible expenses were proved and the counter-claim failed.
The division of matrimonial property must be based on clear evidence of acquisition, disposition, and value of the assets, and must consider the welfare of the child and contributions of both parties. The previous courts failed to properly account for all assets and liabilities, and did not provide a just and rational distribution. Therefore, the matter must be reheard de novo to ensure justice and proper division.
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Where parties' conduct and intention demonstrate joint ownership, division of property is warranted; only existing properties at dissolution are subject to division; Islamic law principles apply in absence of statutory guidance.
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The applicant failed to specify details of substantial and irreparable loss, but in the interest of safeguarding both parties, a stay of execution is granted on condition that the full decretal amount is deposited into court pending appeal.
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The High Court upheld a paternity and maintenance order, finding the respondent was the child’s father. It also allowed the cross-appeal in part on timing and costs.
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