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Citation
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Judgment date
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| November 2024 |
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Court found the house matrimonial and adjusted division to 60% for the applicant and 40% for the respondent.
Family law – matrimonial property – property acquired during marriage prima facie matrimonial property; ownership documents give rebuttable presumption under sections 58–60 LMA
Law of Marriage Act s.114 – criteria for division: customs, monetary/work contributions, debts, children's needs, inclination to equality. Evidence Act ss.110–112 – burden and standard of proof; circumstantial evidence where direct proof lacking. Division adjusted to 60% (appellant) and 40% (respondent); valuation ordered; sale as last resort
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29 November 2024 |
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29 November 2024 |
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Presumed marriage by long cohabitation and statutory 'interest' justified respondent's appointment as estate administrator.
Law of Marriage Act s.160 – presumption of marriage from prolonged cohabitation and reputation as husband and wife; presumption not rebutted. Magistrates' Courts Act (5th Schedule) s.2(a) – Primary Court may appoint any person 'interested in the estate' as administrator; formal marriage not a precondition. Evidence law – facts cannot be proved by submissions; issues not raised or proved in lower courts cannot be introduced on appeal. Probate procedure – identification of legal heirs is ancillary to appointment of an administrator and may be determined during administration
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29 November 2024 |
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Court restored custody to the mother, holding social inquiry discretionary and the child's best interests (under-seven presumption) paramount.
Family law – custody variation; Social Inquiry Report discretionary pre-2024 amendments; best interests of the child paramount; rebuttable presumption favoring mother for children under seven; relocation and burden to prove capacity to maintain child.
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29 November 2024 |
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28 November 2024 |
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Appeal alleging bias, false affidavits, concealed heirs and spousal status dismissed; trial court's findings upheld.
Probate & Administration — Revocation of letters of administration — Alleged concealment of heirs and fraud — Burden of proof under Evidence Act — Affidavit errors/clerical mistakes — Judicial bias standard — En ventre sa mere (posthumous child) recognised for inheritance.
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25 November 2024 |
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22 November 2024 |
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Primary courts lack jurisdiction over probate of Christian deceased; resulting proceedings and letters of administration are null and void.
Probate jurisdiction — Primary courts’ jurisdiction limited to Islamic or customary law under Fifth Schedule to the Magistrates’ Courts Act — Probate involving Christians excluded — Lack of jurisdiction renders proceedings and letters of administration null and void — Jurisdiction may be raised suo motu.
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22 November 2024 |
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20 November 2024 |
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A residential permit is not a certificate of title; probate review dismissed and ownership dispute referred to land tribunal.
Civil Procedure — Review (Order XLII r.1(1); s.78 CPC) — new evidence — residential permit does not equal certificate of title. Land law — Ownership evidence — Certificate of title required to establish ownership in competing claims. Probate procedure — Limitation of probate court: cannot conclusively determine land title disputes absent title deed
Procedure — Failure to file ordered written submissions does not automatically entitle opposite party to relief; court must assess merits
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20 November 2024 |
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19 November 2024 |
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18 November 2024 |
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18 November 2024 |
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Probate granted: Will valid, testator had capacity; forgery and disinheritance claims dismissed.
Probate — testamentary capacity — proper execution under Indian Succession Act s.50 — forgery allegations require clear, corroborated proof; disinheritance upheld where Will provides for beneficiary indirectly and testator’s discretion respected.
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18 November 2024 |
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Appellant permitted to seek rectification of a defective trial decree under section 96 CPC; appeal not struck out.
Civil procedure – Decree – Defective decree (wrong title and party description) – Order 20 Rules 6 and 7 CPC – Rectification of clerical errors – Section 96 CPC – Overriding-objective/substantive justice (sections 3A and 3B CPC) – Whether to strike out defective appeal or permit correction – Court of Appeal authority permitting rectification.
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15 November 2024 |
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Court granted divorce for voluntary long-term separation and adopted parties' settlement as enforceable decree allocating assets.
Family law – Divorce – Long-term voluntary separation as ground for divorce under section 107(2)(f) of the Law of Marriage Act. Family law – Consent Deed of Settlement – Adoption and recording of Deed as consent judgment under Order XXIII Rule 3 CPC. Property division – Enforcement of settlement terms, transfer of title deeds, delivery of vehicle registration documents and payment obligations
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15 November 2024 |
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14 November 2024 |
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Appellate court upheld varied property division; equal split and maintenance claims failed for lack of evidence or because issues were not tried.
Family law – matrimonial property – division based on extent of contribution; evidence required to justify apportionment. Appeal procedure – appellate court may re-evaluate trial evidence but cannot decide new issues or facts not before the trial court. Maintenance and rent – claims not pleaded or determined at trial cannot be entertained on appeal. Division of property – mere assertion of contribution insufficient; courts require evidence to justify equal or proportional shares
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12 November 2024 |
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12 November 2024 |
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Appellate court upheld TZS 150,000 maintenance and limited education expenses to respondent’s financial capacity.
Child maintenance — quantum determined by proven income and parental obligations — Social Inquiry Report admissible if not objected to — new facts (child disability) not entertainable on appeal — Law of the Child Act (ss. 8, 44, 129) guidance on maintenance, education and best interests.
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12 November 2024 |
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11 November 2024 |
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An appeal filed beyond the 45-day statutory limit under the Law of Marriage Act without leave is time‑barred and struck out.
Matrimonial appeals – limitation – section 80(2) Law of Marriage Act (45-day filing period) – effect of previously struck-out appeal on time computation – requirement to seek leave/extension under the Law of Limitation Act.
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8 November 2024 |
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8 November 2024 |
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Equal division of matrimonial home affirmed where neither party proved greater contribution; maintenance responsibilities reallocated between parents.
Matrimonial property — division under s.114 Law of Marriage Act — parties bound by pleadings; burden of proof on contribution; first appellate re-evaluation. Child maintenance — s.129 LMA read with Law of the Child Act — duty on both parents; allocation of specific responsibilities where both can contribute
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8 November 2024 |
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Equal division of matrimonial house upheld where contribution was unproven; maintenance order reallocated between both parents.
Family law – division of matrimonial property – section 114 Law of Marriage Act – parties bound by pleadings; burden to prove contribution; equality where contribution unproven. Child maintenance – interplay of Law of Marriage Act s.129 and Law of the Child Act – maintenance duties may be shared; court to consider parties' means (s.44 LCA)
Evidence – uncontroverted documentary evidence (salary slips, deposit slips) and failure to discharge burden justify appellate re-evaluation
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8 November 2024 |
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Court lacked jurisdiction to revoke resealing of foreign probate; substantive challenges belong to the original issuing court.
Probate – Resealing of foreign grants – Section 95 PAEA – resealing is administrative and gives foreign probate local effect
Jurisdiction – Substantive defects in original foreign probate must be challenged before the issuing court; local court resealing lacks power to revoke on those grounds
PAEA s.49 – removal/revocation of executors does not apply to resealing of foreign grants
Probate Rules r.100 – failure to object during resealing proceedings undermines later challenges
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6 November 2024 |
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4 November 2024 |
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4 November 2024 |
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Court dismisses preliminary objection and finds not functus officio where invalidation of the will raises a new issue.
Probate law – revocation of grant – application under section 49 of the Probate and Administration of Estates Act – validity of will.* Civil procedure – functus officio and res judicata – whether prior determination bars fresh application – requirement that issues be identical for res judicata to apply.* Civil procedure – exercise of discretion to hear matters where fresh relief (invalidation of will) was not previously determined.* Remedies – preliminary objection dismissed; matter remitted for final determination.
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1 November 2024 |
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1 November 2024 |
| October 2024 |
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Sickness can justify extension of time if proved and each day of delay is duly accounted for; lack of evidence warrants dismissal.
Civil procedure – Extension of time – Sickness/ministroke may constitute sufficient cause if proved – Applicant must account for each day of delay and produce medical or corroborative evidence – Substantive justice does not excuse non‑compliance with procedural requirements.
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31 October 2024 |
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31 October 2024 |
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Appellate court upheld 60:40 house and 70:30 farm divisions, finding spouse’s supervisory and improvement contributions sufficient under s114 LMA.
Family law – matrimonial property division – Section 114 Law of Marriage Act – assessment of contributions in money, property or work – presumption as to pre-marriage property rebuttable by improvements and contributions
Evidence – inadmissible or un-led evidence cannot be considered on appeal (CRDB loan not before trial)
Remedy – sale as last resort; valuation and compensation where one party retains property
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31 October 2024 |
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30 October 2024 |
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Delay in estate administration alone, without fraud or concealment, does not justify revocation of letters of administration.
Probate — Revocation of letters of administration — Whether delay and failure to distribute constitute grounds for revocation — Section 49(1) Probate and Administration of Estates Act — Section 107(1) duties of administrator — Compliance with court orders and timely filing of pleadings.
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30 October 2024 |
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Applicant's right to be heard was violated when objections and a judge-recusal request were not properly heard or recorded.
Inheritance law — appointment of administrator — procedural fairness; constitutional right to be heard (Article 13(6)) — judge recusal — obligation to afford parties opportunity to present and record submissions — remittal for rehearing.
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29 October 2024 |
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Appellate court quashed recognition of customary wife and heir because the claim was premature and inadequately proved.
Probate law – revocation of letters of administration – premature challenge before filing of estate inventory/accounts. Customary marriage – proof and registration – absence of certificate not conclusive but adequate evidence required
Evidence – burden of proof in civil cases – party alleging marriage must prove it; submissions cannot substitute for affidavits/pleadings. Civil procedure – pleadings vs submissions – factual particulars must be in pleadings/affidavit
Practice – interested parties are expected to consult the administrator before seeking court intervention
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28 October 2024 |
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25 October 2024 |
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24 October 2024 |
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Court upheld denial of access after considering the 17-year-old’s wishes and Social Inquiry Report; appeal dismissed.
Child custody and access — Best interests of the child paramount — Weight of child’s wishes and Social Inquiry Report — Evidence Act s.127 inapplicable to non-tender-age child — Juvenile Court Rules on taking views and factors for custody/access — Failure to record in-court interview cured by SIR.
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24 October 2024 |
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23 October 2024 |
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21 October 2024 |
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A preliminary objection that the appeal was interlocutory was struck out; the appeal proceeds to be heard on its merits.
Civil procedure – Preliminary objection – Allegation that appeal is interlocutory – Appellate Jurisdiction Act inapplicable to appeals from subordinate courts to High Court – Preliminary objection must raise a pure point of law – Non-citation of relevant provision renders objection incompetent.
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21 October 2024 |
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21 October 2024 |
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18 October 2024 |
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Unproven medical receipts and unreported website issues failed to show sufficient cause for extension of appeal time.
Extension of time – Sufficient cause – Lyamuya criteria – Applicant must account for all delay; medical receipts insufficient as unexplained proof; alleged electronic filing/website failure must be reported under Electronic Filing Rules; negligence and absence of arguable illegality justify dismissal.
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18 October 2024 |
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Failure to tender a valid reconciliation-board certificate renders divorce proceedings a nullity; appeal allowed and judgments set aside.
Law of Marriage Act — requirement of valid Marriage Conciliation Board certificate (Form No.3) — certificate must record Board’s own findings and be tendered and admitted as evidence; failure renders proceedings a nullity. Matrimonial proceedings — division of assets — evidential requirement to prove contribution; appellate court’s role in addressing dispositive grounds
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18 October 2024 |
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High Court cannot transfer a primary court matrimonial matter under section 78 LMA; section 47 MCA governs such transfers.
Family law – transfer of matrimonial proceedings – section 78 Law of Marriage Act applies to proceedings instituted in magistrates’ courts only – inapplicable to primary court matters. Civil procedure – transfer from primary court governed by section 47(1)(a) Magistrates’ Courts Act requiring consent of district court or resident magistrate. Procedural competence – wrong statutory basis renders transfer application incompetent and liable to dismissal
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17 October 2024 |
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17 October 2024 |
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16 October 2024 |