ADRIANO GEDARM KIPALILE V. ESTER IGNAS LUAMBANO, COURT OF APPEAL, ZANZIBR (2011)

Sh 15,000.00

Category:

Description

Division of matrimonial assets – husband and wife – old house and new house – distribution of assets without reasons – 50% of a share in the matrimonial assets. 

  • Division of matrimonial assets – the trial court divided matrimonial house between husband and wife whereby the court gave an old house to the husband and a new house to the wife – however, the decision of the trial court was silent on how that conclusion was arrived at – the Court of Appeal held that the trial court erred when it distributed the assets without disclosing the reasons thereto (p. 6).
  • Division of matrimonial assets – an old house built in 1994 and another one built in 2006 – it is prudent for each party to have a share in each of the two houses considering the fact that each party contributed in one way or another (p. 6). The court awarded each party 50% share in each of the two houses (p. 11).