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Tanzania Case Law

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Family law WILSON FATAEL

WILSON FATAEL

The High Court partly allowed a matrimonial appeal, mostly upholding custody and maintenance while varying child maintenance and adjusting property division.

  • Matrimonial property division
  • Child custody
  • Child maintenance
  • Presumption of marriage
  • Divorce
  • Matrimonial-property-division
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Family law JAMES SAMI

JAMES SAMI

There was no valid marriage or unrebutted presumption of marriage between the parties; however, since they cohabited for over two years and acquired property together, section 160(2) of the Law of Marriage Act applies, allowing division of property based on contributions. The applicant is entitled to 20% of the property at Kishiri due to non-monetary contributions, while the respondent receives 80% due to her financial input.

  • Presumption of marriage
  • Division of property on separation
  • Cohabitation rights
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Family law 77

77

The existence of prescribed Form No. 3 in the Trial Court’s case file, filled and stamped by the ward tribunal acting as a reconciliation board, confirms compliance with the mandatory referral requirement. Therefore, the appeal lacks merit as the procedural requirement was satisfied.

  • Divorce
  • Presumption of marriage
  • Reconciliation board
  • Division of matrimonial assets
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Land law 78

78

The High Court dismissed a land appeal, holding the appellant failed to prove the disputed house belonged to the deceased’s estate and found no extraneous matters.

  • Ownership of property
  • Burden of proof
  • Evidence evaluation
  • Extraneous matters in judgment
  • Presumption of marriage
  • Land-law
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Family law Agness Dominick

Agness Dominick

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.

  • Customary marriage
  • Presumption of marriage
  • Division of matrimonial property
  • Maintenance of child
  • Compensation for improvement
  • Family-law
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Family law happiness john vs alamu ndenganya 2024 tzhc 675 8 march 2024

happiness john vs alamu ndenganya 2024 tzhc 675 8 march 2024

High Court nullified lower-court matrimonial orders and ordered a retrial after finding the courts failed to apply the presumption of marriage procedure properly.

  • Presumption of marriage
  • Custody of children
  • Compensation for cohabitation
  • Division of property
  • Procedural defects in matrimonial proceedings
  • Family-law
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Land law monica lwimilinzi vs paschal philipo 2024 tzhc 893 8 march 2024

monica lwimilinzi vs paschal philipo 2024 tzhc 893 8 march 2024

The District Land and Housing Tribunal lacked jurisdiction to determine the dispute as the parties' relationship and property dispute fell within the purview of matrimonial law, requiring assessment by a matrimonial court under the Law of Marriage Act.

  • Jurisdiction of land tribunal
  • Presumption of marriage
  • Division of matrimonial property
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Family law Siita Bulaya vs Leya Humo

Siita Bulaya vs Leya Humo

The appeal lacks merit as the marriage was valid under customary law, documentary evidence was properly admitted in accordance with primary court procedures, the difference in names in the conciliation certificate was not disputed by appellant and did not affect substantive justice, and the first appellate court properly re-evaluated the evidence regarding division of matrimonial properties.

  • Matrimonial property division
  • Presumption of marriage
  • Divorce
  • Evidence admissibility
  • Conciliation certificate validity
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Land law flora gooluck mush vs hellena costa another 2024 tzhclandd 56 29 february 2024

flora gooluck mush vs hellena costa another 2024 tzhclandd 56 29 february 2024

The High Court dismissed a land appeal, upholding findings that the respondents were co-owners of the plot and that the appellant’s purchase lacked the co-owner’s consent.

  • Co-ownership
  • Matrimonial property
  • Sale of land
  • Presumption of marriage
  • Consent in land disposition
  • Land-law
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Land law Kayanda

Kayanda

The land appeal was time-barred as it was filed eighty days after the impugned decision, exceeding the statutory forty-five day limit, with no evidence of excusable delay or request for judgment copies. The matrimonial appeal succeeded because the lower courts failed to determine the existence or rebuttal of presumption of marriage before dividing property, rendering their proceedings and orders improper.

  • Limitation of actions
  • Presumption of marriage
  • Division of matrimonial property
  • Jurisdiction
  • Electronic filing
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.