Results.
193 judgments found.
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December 2023
22 December 2023
Extension to appeal ex parte divorce granted due to procedural illegality and denial of the right to be heard.
Civil procedure — Extension of time to appeal — Factors: length of delay, explanation, diligence, and point of law/illegality
Constitutional law — right to be heard (Article 13(6)(a)) — Service by publication: adequacy of substituted service and denial of hearing
Family law — Divorce — Mandatory referral to Marriage Conciliation Board and requirement for certificate — s.101 Law of Marriage Act
22 December 2023
Revocation denied: appellant failed to prove false inventory or misconduct, and his own litigation impeded estate administration.
Probate law
— failure to exhibit inventory (s107) — allegations of fraud and evidentiary requirement — Requirement to prove fraud before revocation
— Revocation of letters of administration — grounds include failure to file inventory, failure to distribute estate and misconduct by administrator — Probate and Administration of Estates Act ss 49, 107, 108
21 December 2023
20 December 2023
20 December 2023
Court granted re-sealing of a Zanzibar grant of probate under PAEA after statutory and procedural requirements were satisfied.
Probate law
— Probate re-sealing — Recognition of foreign grants
— Probate Rules (Rs.97, 98, 101) — requirements: publication and inventory — deputy registrar to affix seal
20 December 2023
19 December 2023
19 December 2023
15 December 2023
15 December 2023
15 December 2023
15 December 2023
14 December 2023
High Court can invoke inherent powers to order maintenance of status quo in probate appeals absent statutory execution procedures.
Civil procedure
— Inherent jurisdiction — to provide remedies in lacunae
— Procedural law — lapsus calami and overriding objective — curable non-jurisdictional errors
— res judicata and res sub judice — inapplicability where earlier matter was dismissed on preliminary grounds and not decided on merits
Probate law — interim relief — maintenance of status quo pending appeal — where no statutory execution or stay procedure exists courts may invoke inherent powers
13 December 2023
Failure to comply with mandatory conciliation/leave requirements rendered the divorce petition prematurely determined and the decree quashed.
Family law — Divorce
— Jurisdiction where parties domiciled in Tanzania though residing abroad
— mandatory referral to Marriage Conciliation Board under s.101 LMA
— procedural non‑compliance vitiating divorce decree
11 December 2023
8 December 2023
7 December 2023
1 December 2023
1 December 2023
November 2023
30 November 2023
30 November 2023
29 November 2023
29 November 2023
Domestic and non‑monetary contributions entitle the applicant to a 30% share of the matrimonial house.
Civil procedure — Appeal — appellate interference limited where concurrent findings of lower courts lack misconstruction or legal error
Family law
— Division of matrimonial property — consideration of non-monetary contributions and household work as part of joint efforts
— Marriage act s.114 — court’s duty to consider each spouse’s contribution when dividing assets
27 November 2023
A court cannot divide matrimonial assets without first establishing a presumption of marriage and granting divorce or separation.
Family law — Division of matrimonial assets
— decree of divorce/separation prerequisite
— evaluation of evidence on joint acquisition and contribution
— procedural requirements for lodging matrimonial appeals
Family law — Law of marriage act (s.160, s.80) — presumption of marriage — requirements and rebuttal
27 November 2023
21 November 2023
21 November 2023
21 November 2023
Divorce granted for irretrievable breakdown; equal division of matrimonial assets, custody to petitioner, adultery damages denied.
Family law — adultery
— civil standard of proof for damages
— Maintenance obligations for children
Family law — custody — welfare of the child paramount
Family law — Divorce — Irretrievable breakdown — conciliation certificate and talaq
Family law — Matrimonial property — presumption and division where spouse contributed monetarily and by domestic work
20 November 2023
20 November 2023
15 November 2023
A dismissed matrimonial petition bars refiling under res judicata; appeal dismissed with no order as to costs.
Civil procedure
— Distinction between dismissal and striking out — dismissal treated as final determination
— Res judicata — application in matrimonial proceedings
13 November 2023
10 November 2023
6 November 2023
Applicant failed to prove contribution to matrimonial assets; prior Ihsan award deemed to satisfy her share; appeal dismissed.
Family law
— Marriage conciliation board — Whether Ihsan/Mut'ah awards during subsistence constitute distribution of matrimonial property
— Matrimonial property division: s114 — Contribution and proof under section 114 — Evidence Act s.112
— company shares — Whether shares in companies acquired during marriage are matrimonial assets subject to division
3 November 2023
Court upheld respondent’s custody order, prioritising child welfare and siblings’ unity over appellant’s challenge.
Family law — Child custody
— consideration of age, sex and desirability to keep siblings together — Factor supporting placement with primary caregiver
— credibility of parties — Court may uphold trial court custody findings where caregiver linkage and children's welfare are established
— welfare of the child paramount — Consideration of parents’ wishes, child’s wishes, community customs
3 November 2023
October 2023
30 October 2023
30 October 2023
Appellate court upheld separation and maternal custody, finding trial court acted in children’s best interests.
Civil procedure — Framing of issues — omission may vitiate judgment — Order XX r.4 CPC
Family law
— custody — best interests of the child — Law of Marriage Act s.125
— decree of separation — Decree of separation and ancillary orders — Law of Marriage Act ss.106,108,110
26 October 2023
23 October 2023
20 October 2023
20 October 2023
20 October 2023
Court refuses caveator's co-administrator appointment, confirms children (including born out of wedlock) as beneficiaries and appoints applicant sole administrator.
Civil procedure — Probate and administration — Appointment of administrator — discretion
Civil procedure — Proof of parentage
— birth certificates
— Refusal to appoint co-administrator where antagonism would impede administration
20 October 2023
The court upheld revocation of the administratrix's appointment for failure to administer the estate.
Probate law
— Evidence — appellate review and burden of proof
— Inheritance — alleged disqualification by change of religion (Islamic law)
— Probate — administration of estates — duty to file inventory and accounts — revocation of administrator for noncompliance with court directives
20 October 2023
Divorce granted for irretrievable breakdown; court divided matrimonial assets and ordered shared parental maintenance.
Family law — Child maintenance — parental duty to maintain and factors for assessment
Family law — custody — best interests and child’s choice where age/maturity permit
Family law — Divorce — Irretrievable breakdown
Family law — Matrimonial assets
— contribution as determining factor
— Division
Land law — Property — ownership — presumption of registered ownership rebuttable where assets acquired during marriage
18 October 2023
18 October 2023
16 October 2023
Interlocutory grants of extension of time to appeal are not appealable absent a decision finally determining parties' rights.
Civil procedure — appealability of interlocutory orders
Civil procedure — Extension of time to file appeal
— good cause and proof of delay
— statutory bar on appeals from interlocutory orders
16 October 2023
Appellate court erred by relying on untendered title deed; absent proof, trial court decision restoring estate distribution is reinstated.
Probate law
— Evidence — burden of proof
— interim administrators (pendente lite) — powers limited (no right to distribute)
— jurisdiction — probate court determines estate questions
— Right to be heard — parties represented, no violation found
16 October 2023