Reported Tanzanian cases are found in the Tanzania Law Reports, High Court Digests and East Africa Law Reports. “Judge Makame for one has taken a stand on the side of the liberal school. The fundamental question now is whether this view of the two courts below is erroneous. MATRIMONIAL PROPERTY IN TANZANIA One of the most important cases in which the issue arose was Rukia Diwani Konzi v Abdallah Kihenya in the High Court in Dar es Salaam, I977. High Court: Corruption and Economic Crimes Division, BI HAWA MOHAMED v ALLY SEFU () [1983] TZCA 12; (29 November 1983); 1983 TLR 32 (TZCA), Sofia Hamad Tabiada vs Said Ally Mchanama (Civil Appeal No.90 of 2019) [2020] TZHC 650; (04 March 2020), Husseim Mohamed Shela vs Neema Ally Ugomba (PC. Section 114 deal with the apportionment of family assets and liabilities in general, whereas section 115 concerns assignment of a specific liability – that is, the liability to maintain a wife or former wife. Now the view and recommendations of the Spry Commission on the subject now at hand are contained in paragraphs 177 – 184. 1 of 1999 and also No. Posted by BULICHEKA at 3:37 PM. In the case of ZAWADI ABDALLAH VS. IBRAHIM IDDI, Dar es Salaam High Court Civil Appeal No. Division of Matrimonial Assets under the Tanzania Marriage Law By B. We hope this information has been useful. An Act to make provisions for matrimonial causes. Sitting in this Court at this place he felt himself prepared and able to say that the domestic services that a wife renders count. I hold as he did that such domestic services are not to be taken into consideration when the court is exercising its powers under the section. JURISDICTION OF MATRIMONIAL CASES. The argument that the broad view of the law amounts in effect to judicial legislation, is not supportable since the court is not making or introducing a new rule in a blank or grey area of social relations but is interpreting existing statutory provisions – that is – the words “their joint effects” and “the contributions made by each party in money, property or work towards the acquiring of the assets” used under section 114. Download Case . The next important point of law for consideration and decision in this case is whether the assets in question – that is House No. PRICE at MARINGO BOOKS: US $ 15 OR Tsh.20,000/= (Tanzania)---SUBSIDIARY LEGISLATION to the Gazette of the United Republic of Tanzania, No. This is an important matter and I confess I have not found it all easy. Provision of counseling and guidance in community for victims of divorce. Bearing in mind that this is a legal aid case, we see no reason to order the appellant to pay costs. The answer here is easy. MANUAL ON LAND LAW AND CONVEYANCING IN TANZANIA. This is because upon conducting a search at the lands registry a caveat will show up in the relevant search report alerting banks/lenders that the property is a matrimonial home. CITIBANK (TANZANIA) LIMITED, Consolidated References No. This is supported by the case of Ahmad Said Kidevu v. Sharifa Shamte (1989 TLR 148), in this case the parties were married under Islamic law, they quarreled and separated after the respondent had issued one ‘talaka’. The appellant Bi Hawa Mohamed and Ally Seifu were wife and husband respectively until the dissolution of their marriage by court decree of the Primary Court of Ilala District, at Kariakoo, Dar es Salaam in 1980. In 1974, the respondent purchased a house in Dar es Salaam with his own money. “But be it noted that in this respect our statutory Law compares unfavourably with the English Law. It can be broadly stated as follows: in law in holding the view that domestic services, of a housewife do not amount to contributions, made by her in the acquisition of matrimonial. [Irreparable].Section 107 (2) of LMA provides for this factors, 1. Section 8(2) and (3) of the Mortgage Financing Act has shouldered the responsibility of disclosing whether or not a mortgagor has a spouse to a mortgagor, with the mortgagee having to take 'reasonable steps' to verify such information. (An exposé on the Hadija Arerary vs. Tanzania Postal Bank case) Big relief to banking institutions in Tanzania regarding spousal consent when undertaking a mortgage for a matrimonial property. The other point of law for consideration and decision in this case is whether the appellant (former wife) is entitled to any share in the house in question. The Appellant filed a suit (Commercial Case No. 274 of 2001. The case of Maryam Mbaraka Saleh v. Abood Saleh Abood [FN14] and a senior co-wife's … Spouses should be more vigilant before mortgaging their matrimonial properties to avoid the possibility of losing them in event where they default payments. As a matter of fact, no complaint is made against him in respect of performance of domestic duties towards his former wife. Forgeth Mongi. Two, there would be the relationship between the order under section 114 and the order which the court may make with regard to maintenance under section 115. 5 5 - Shinyanga, Tabora and Kigoma - Tanga, Moshi and Arusha - Rukwa, Mbeya and Iringa - Mtwara … We find no reason to interfere with this payment. TANZANIA REVENUE AUTHORITY ..... RESPONDENT (Appeal from the judgment and Decree of the Tax Revenue Appeals Tribunal of Tanzania at Oar es Salaam) (Shangwa, J.) But I find it valuable because it provides the background to our Law and helps to discover the intention of the Legislature. You may, if you prefer, describe the two constructions as narrow and broad, respectively. IN THE COURT OF APPEAL OF TANZANIA AT DAR-ES-SALAAM (CORAM: OTHMAN, C.l., MASSATI, l.A., And MUGASHA, l.A.) CIVIL APPEAL NO. See for example the recent case of Bateman VS. Bateman. Moreover, it proposes awareness-raising efforts to increase legal literacy and to promote the rights of co-wives. Guided by this objective of the Act, we are satisfied that the words “their joint efforts” and “work towards the acquiring of the assets” have to be construed as embracing the domestic “efforts” or “work” of husband and wife. The Appellant preferred a further appeal to the Court of Appeal. Moreover where a former husband is ordered to maintain his former wife after divorce or separation, such an order amounts to a revenue producing asset vested in the wife within the scope of the second category of family assets as defined under paragraph 1064 of HALSBURY`S LAWS OF ENGLAND cited earlier on, and has to be taken into account in the division of available matrimonial or family assets. Matrimonial Appeal No. As to the point to the effect that the broad view of the law on the issue is not supported by authority existing before the enactment of the Law of Marriage Act, we do not think that it is logical or sensible to take the absence of earlier authority as precluding progress in the law of the Land. The Primary Court went on to accept the offer made by Ally Seifu to pay a sum of shs.2,000/= as a parting gift to her in accordance with his religious tenets. This section empowers courts to order the division of matrimo- There is no controversy regarding the existence of conditions (i) and (ii). 54 of 2007 (all unreported) in which the holding in VALAMBHIA’s case was followed. HI, dated llth June, 1971 Printed by the Government Printer, Dar es Salaam, by Order of Government. 2002] (JALA) these include: Common Law, and Doctrine of Equity, Statutes of General … The appellant and respondent were married according to Islamic rites in Mombasa, Kenya, sometime in 1971. The Division of Matrimonial Property in Tanzania - Volume 28 Issue 3. 43 of 1998, No. The respondent had a house in Mombasa and they used it as the matrimonial home. Download Full PDF Package. On the facts established in the two courts below, that house was used by the parties as their matrimonial home after they moved from Mombasa to Dar es Salaam. Resident Magistrates Court on objection proceedings and the appeal was registered as Civil Appeal No. It is patently clear that the Commission rejected the broad view and section 123 of the draft bill must, therefore, be taken to embody or reflect that standpoint. On examination of the Law of Marriage Act, 1971, and the law as it existed before its enactment, one cannot fail to notice that the mischief which the Law of Marriage Act, 1971 sought to cure or rectify was what may be described as the traditional exploitation and oppression of married women by their husbands. The point made that the broad approach to the issue presupposes the existence of common ownership of matrimonial or family assets contrary to the concept of separate ownership recognized under sections 58 and 60 is not correct since the issue of division of matrimonial or family assets arises only when the Court is granting or has granted a decree of separation or divorce but not otherwise. CRITICAL ANALYSIS OF THE DIVISION OF MATRIMONIAL PROPERTY RIGHTS UPON DIVORCE: A CASE STUDY OF ILALA DISTRICT COURT IN DAR ES SALAAM, TANZANIA. PRICE at MARINGO BOOKS: US $ 15 OR Tsh.20,000/= (Tanzania)---SUBSIDIARY LEGISLATION to the Gazette of the United Republic of Tanzania, No. IN the present case, the appellant, in looking after the matrimonial home, must be regarded as working not only for her current needs but also for her future needs and such future has to be provided from the matrimonial or family assets jointly acquired during the marriage in keeping with the extent of her contribution. One such normal rule of construction of ambiguous provisions is the MISCHIEF RULE. It is apparent from the citation to and the wording of section 114 that the assets envisaged thereat must firstly be matrimonial assets; and secondly, they must have been acquired by them during the marriage by their joint efforts. As to the alleged difficulties of making orders under section 114 along with orders under section 115 of the Law of Marriage Act, we do not think that the provision of these two sections are contradictory or irreconcilable. Gineke v Gineke (MATRIMONIAL CAUSE NO. The power of the Court to divide matrimonial assets is derived from section 114(1) of the Law of Marriage Act, 1971 which states: 114. Secondly, the squandering of that money by the appellant when weighed against her contribution, can be regarded as a matrimonial misconduct which reduced to nothing her contribution towards the welfare of the family and the consequential acquisition of matrimonial or the family assets. On the facts established by the two courts below, it is apparent that the appellant’s domestic “efforts” or “work” consisted mainly in looking after the matrimonial home. 15 Full PDFs related to this paper. Case law update – Matrimonial and divorce issues . In its decision, the High Court held that the Appellant failed to establish that she was the spouse of the Mortgagor on account of the fact that the mortgaged property was registered in the sole name of the Mortgagor who had also sworn an affidavit that, at the time of creating the mortgage, he was not married and was the sole owner of the mortgaged property. We have, with respect, quoted Mapigano, J. at length because he appears to deal adequately with the arguments in favour of the opposite views of the High Court and because we are satisfied that the narrow view is wrong and the broad view is correct. Land rights in Tanzania have been forged through the country’s many historical transitions. Certainly it was not part of our own law before the enactment of the Law of Marriage Act. It is the last sentence of paragraph 19 and it merely says that: “The proposed law should provide expressly that, either spouse may own his or her own separate, property which he or she owned before, or acquired. I do understand that judges must develop the law and that indeed it is now generally accepted that sometimes they must, and do, legislate. It is only parties who are lawfully married in accordance with the Law of Marriage Act who can file matrimonial proceedings and pray for the orders they deem fit. support the school of thought referred to and is, in my view, capable of accommodating a more. (An exposé on the Hadija Arerary vs. Tanzania Postal Bank case) Big relief to banking institutions in Tanzania regarding spousal consent when undertaking a mortgage for a matrimonial property. They were of the view that the mortgagee was correct to disburse the loan believing that there was no third-party interest on the mortgaged property. The Court of Appeal considered what amounts to reasonable steps taken by lenders to verify spousal consent in mortgages. READ PAPER. by legislation a judge’s duty is to apply and enforce the legislation and, save as regards subordinate legislation, he cannot challenge the validity or effectiveness of the legislation”. Among the reasons: (1) that it is the philosophy and spirit of our time and that it is quite in harmony with the realities and changed social and economic circumstances; (2) that the domestic work may be more difficult and more valuable to the family than of a wife who is self-earning; (3) that the husband can hardly conduct his business if his wife does not cook the dinner and mind the children; (4) that in certain instances the wife may have sacrificed her own career on the altar of matrimonial life and if say after twenty or thirty years of marriage her husband for old man’s reasons or no reason whatsoever (as probably was the position in the case before me), sees fit to banish her, the decree of divorce may have the further undesirable and sad effect of practically thrusting her into destitution; and (5) that in yet certain instances the estate of the husband may have been built up by the industry of the husband and the thrift and prudence of the wife in running the home and that, therefore, it is in conformity with one’s sense of justice and fairness that she should share as of right in the fruits of his success.

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