BI HAWA MOHAMED V ALLY SEFU

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.

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