Juris

Bi hawa mohamed was married to Ally sefu in accordance with islamic law in 1971. The couples by then resided in Mombasa, Kenya before shifting to dar es salaam in 1975. Ally bought the house the previous year. They legally divorced in 1980 and obtained a divorce decree in the district primary court at kariakoo.The former wife then applied for the distribution of matrimonial property. The court answered it in negative. On the appeal to the High court the same position was upheld that 'house work' did not amount to a 'contribution' wwithin the meaning of SECTION 114 of the law of Marriage Act No 5 of 1971. Bi Hawa then appealed to the court of Appeal of Tanzania. HELD; The court held that a spouse's domestic service , during the subsistence amount to an effort and contribution within the provision of  SECTION 114 of the Law of Marriage Act No 5 of 1971 which entitles one to the distribution of matrimonial property.

KAPASYU S/O MWAIPINGA V. MWENDILEMO S/O MWAKYUSA (1968) HCD 88 , (PC) CIV. APP 149-D-67, 8/11/67. Duffy.J The disputes between two relatives involved a parcel of land, each claiming it by inheritance. The assesors in the district court suggest that as the parties are related the dispute could be  brought to an amicable solution by dividing the land equally between the two claimants such a verdict is consistent with nyakyusa customary law , and the magistrate accepted the advice of assesors , and held accordingly. HELD: " It is clear that any customary law which dispossesses an owner would be contrary to the principle of natural justice... The solomon rule must be disturbed" on the fact before the court, including an earlier litigation inolving the same plot of land, the disputed plot was awarded to Mwendilemo, the respondent. R V. PALAMAMBA FUNDIKIRA (1947) EACA 96 In this case a trial by ordeal was conducted to discover who has by witchcraft caused the death of 1...