Tanzania Case Law

9

Court

TANZLII

There was no valid marriage between appellant and respondent, as respondent was already in a subsisting Christian monogamous marriage with Matrida David, which was never dissolved. Presumption of marriage does not apply where one party is already married. Appellant is not entitled to division of matrimonial property or child maintenance under the Law of Marriage Act. Parentage and child maintenance issues fall within the jurisdiction of the Juvenile Court.

Source excerpt

• Marriage validity
• Presumption of marriage
• Division of matrimonial property
• Child maintenance
• Parentage determination

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mrs jamila surendra vs mr surendra dharamshi jutha 2023 tzhc 21749 13 october 2023

Court

TZHC

The High Court allowed this matrimonial appeal in part, upheld an Islamic divorce, held the trial court breached natural justice regarding a third party, and reassessed property division.

• Marriage validity
• Divorce
• Distribution of matrimonial property
• Islamic law
• Natural justice
• Family-law

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maua shabani vs mohamed lukafumbila 2021 tzhc 9505 29 november 2021

Court

TZHC

There was no valid marriage between the appellant and respondent as required by law, thus the respondent had no right to petition for divorce or division of matrimonial property, and the lower courts erred in assuming marriage and dividing property.

Source excerpt

• Marriage validity
• Matrimonial property
• Division of property
• Burden of proof

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watson solo vs taines mbwiga 2020 tzhc 2381 17 august 2020

Court

TZHC

The High Court set aside a 12-month separation and maintenance order, holding there was no legally recognized marriage and no basis for those orders.

• Marriage validity
• Customary marriage
• Maintenance
• Separation
• Division of matrimonial assets
• Family-law

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20170224 TZCA Dar es Salaam

Court

TZCA

The Court held that the High Court correctly found the marriage certificate to be authentic by comparing signatures as permitted by law, and that the house was matrimonial property requiring spousal consent for sale. The sale without such consent was void ab initio.

Source excerpt

• Matrimonial property
• Spousal consent
• Sale of property
• Evidence authenticity
• Marriage validity

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20151214 TZHC Arusha2

Court

TZHC

The High Court nullified a custody decision and ordered a retrial after finding the trial court failed to decide whether a valid marriage existed first.

• Child custody
• Marriage validity
• Customary rites
• Child-custody
• Customary-marriage
• Family-law

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martha iswa lwile vicent kahabi vs marietha salehe others 2014 tzca 210 24 october 2014

Court

TZCA

The applicant, not being a party to the original proceedings, has not demonstrated good and sufficient cause for extension of time to file revision, and has alternative remedies available; thus, granting the application would be futile.

Source excerpt

• Extension of time
• Revision
• Matrimonial property
• Marriage validity

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20090706 TZHC Dar es Salaam

Court

TZHC

The appellant's prior monogamous civil marriage rendered him incapable of contracting a valid customary marriage with the respondent; thus, there was no valid marriage, no matrimonial property, and no basis for maintenance or custody orders.

Source excerpt

• Marriage validity
• Matrimonial property
• Maintenance
• Child custody
• Evidence admissibility

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20090706 TZHC Dar es Salaam

Court

TZHC

The appellant's prior monogamous civil marriage rendered him incapable of contracting a valid customary marriage with the respondent; thus, no matrimonial property or maintenance rights arose from the relationship, and the trial court erred in its findings and orders.

Source excerpt

• Marriage validity
• Matrimonial property
• Maintenance
• Custody
• Evidence admissibility

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james m nyakyoma vs asha kakwaya 2009 tzhc 132 6 july 2009

Court

TZHC

The appellant's prior civil marriage was monogamous, rendering him incapable of contracting a valid customary marriage with the respondent; thus, there was no valid marriage, no matrimonial property, and no basis for maintenance or custody orders.

Source excerpt

• Marriage validity
• Matrimonial property
• Maintenance
• Child custody
• Evidence admissibility

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