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Tanzania decisions
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The High Court upheld a separation order in a Tanzanian divorce dispute, finding the appellant had deserted the respondent and could not rely on his own wrongdoing.
The High Court dismissed a second appeal over matrimonial property, holding that assets acquired after separation were not matrimonial assets and the appellant proved no contribution.
The evidence of desertion and denial of conjugal rights was insufficient in duration to warrant a decree of divorce but sufficient for a decree of separation for three years. Custody of the minor child is awarded to the respondent (mother) as it is in the best interests of the child under seven years, with the petitioner to have access and bear maintenance responsibilities. No order is made on division of matrimonial assets due to lack of specific pleading and evidence.
Source excerpt
The marriage had irreparably broken down due to prolonged voluntary separation and failed reconciliation efforts, satisfying the statutory grounds for divorce. Both parties contributed to the acquisition of matrimonial assets, and division must reflect their respective contributions. Properties registered in the names of children or third parties are excluded from division. The matrimonial home is to be divided equally, with other assets distributed as per consensus and evidence of contribution.
Source excerpt
High Court matrimonial appeal on division of property: a house bought in a child's name was not matrimonial property, while household items drew compensation.
High Court allowed a matrimonial appeal, restored the primary court’s divorce order, and placed custody of the children with the appellant mother.
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.
Court of Appeal increased a wife’s share in matrimonial property, awarding 50% of the matrimonial home and 50% of proceeds from sold houses.
Division of jointly acquired assets between parties not legally married must be governed by Local Customary Law, granting the woman a quarter share, not the Law of Marriage Act; concurrent findings of lower courts upheld as appellant received a larger share than respondent.
Source excerpt
The High Court upheld a two-year separation order, finding insufficient evidence that the marriage had irreparably broken down, and dismissed the appeal.
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