AN EXAMINATION OF PRACTICAL CHALLENGES IN

DIVISION OF MATRIMONIAL PROPERTY AFTER DIVORCE;

A case of One Stop Center for Probate and Family Matters at Temeke.

MOSHA, IRENE WILLIAM

23250/T.2019

BACHELOR OF LAND MANAGEMENT AND VALUATION

 CHAPTER ONE

General Introduction of the study

1.1 Background to the study

Most assets acquired during a marriage are considered to be marital property and are subject to
division upon divorce or separation. This includes things like the family home, cars, bank
accounts, investments, and other property acquired during the marriage. Matrimonial property
division is the legal process of dividing property and assets acquired during a marriage in the
event of a divorce or separation. The laws governing matrimonial property division vary by
jurisdiction, but there are some general principles that apply in many places.The specific rules
and procedures for dividing marital property can vary depending on the jurisdiction and the
specific circumstances, for example case of Bi Hawa Mohammed vs Ally Sefu (1983). As stated
on the Law of Marriage Act 1971, RE 2019 section 114 some factors that were taken into
account include the length of the marriage, each spouse's contribution to the acquisition of the
property,the needs of the infant children and circumstances of each spouse after the divorce .

However, in some jurisdiction there tradition such as prenuptial agreement or other legal
agreement may be in place that governs how property will be divided in the event of a divorce or
separation. If such an agreement exists, it provides a framework for property division that is
separate from the default rules in the court.

In Tanzania, family affairs were primarily governed by customary and/or religious beliefs of the
various communities. Indigenous inhabitants were governed by their own customary laws, Indian
laws and Islamic law on matters of Marriage, Divorce, and Succession. Christian and
Monogamous civil marriages were governed by the Marriage Ordinance. Efforts were made
before the end of the I960s to gain the passage of a single piece of legislation to govern family
matters. The ruling party Tanganyika African National Union (T.A.N.U.) believed that "all
human beings are equal and that every individual has a right to dignity and respect," the
government declared in I969 that it was "anxious to enact legislation to provide for the
uniformity of law relating to marriages and divorce” and to 1971 the Law of Marriage Act was
enacted.

The adoption of the Law of Marriage Act in 1971 was a progressive step toward legal uniformity
and unification, as well as acknowledgement of equality between husbands and wives in
Tanzania. In certain circles, it was actually lauded as a piece of law that had rescued female
spouses. To what extent have the expectations of the community met about 30 years later?.

However, there are practical challenges that need to be studied and show the way forward.
1.2 Statement of the Research Problem
Division of matrimonial property after divorce has posed difficulties and complications which
bring variations for example Disagreement over the value of the property where spouses may
disagree on the current market value of a property and therefore make it difficult to reach a fair
consesus for division of properties.Secondly, Difficulty in determining ownership as it may be
difficult to determine who actually owns a particular property, especially if that property was
acquired before the marriage or if there is no clear documentation of ownership of such property.
Thirdly, Disputes over sentimental value as certain properties may have sentimental value to one
or both spouses, which can make it difficult to reach an agreement on how to divide them.
Fourthly, Disputes over joint debts where if there are joint debts associated with a particular
property, such as a mortgage or a home equity loan, it can be challenging to determine who
should assume responsibility for paying those debts. Fifly, Unequal earning capacity that one
spouse has significantly higher earning capacity than the other, it may be difficult to divide assets
in a way that is perceived as fair. These challenges need to be studied as to rise a way forward
towards the proper and eligible way of diving the matrimonial properties after divorce without
difficulties and disagreements.

1.3 Objectives of the Study

It is in view of such anomalies that this study is to be conducted in an effort to examine practical
challenges that may arise in division of matrimonial property after divorce and need to come up
with suggestion for possible solutions.

Specifically, the objectives of the study are;

• To explore the applicability of the contribution principle in dividing the property.

• To examine the distribution process of properties after divorce and practical challenges that
occur.

• .To explore treatment of property acquired before and or after marriage that is registered in
an individual name.

• To examine the need of the infant children as regarded on property division.

1.4 Research questions

This study will be guided by the question that, What Practical Issues may arise by the mismatch
of the practise and the existing Laws?
.
1.5 Justification of the Study
This study is undertaken for several reasons including the following;

• To enable the researcher gain more knowledeg in maters of divorce and division of
matrimonial property.

• To enable citizens understand the law andd practise of divison of matrimonial propety.
• To form part of knowlegde, source to prospective researchers and save as a reference to
academicians.
• To contribute the literature of law and land administration.
1.6 Scope of the study
Thi work limits its inquiry to the practical challenges in division of matrimonial property after
dirvoce under land administration. However, the researcher will try to make this work wide as
the confines of it's restricted theme could allow and will incoporate as far as possible, all
important aspects of the field under study.Two main reasons compel th researcher to adopt this
restricted scope;First; increasing prominance of divorce and matrimonial property division
today, and second, narrowing the framework to upraise the material aspect on the law and
practise in division of matrimonial properties. The main chapter will advance the common theme
on the Law of Marriage therefore, the researcher will visit One Stop Center for Probate and
Family Matters in Temeke and will collect data from the One Stop Center, couples and from
decided cases. For these reasons it is essential for the chapters of this work to base on the
objectives given above.
1.7 Summary of the Chapter
 Chapter Two

Literature Review and Analysis of Related Concepts

Analysis of Related Concepts

2.1 Matrimonial Property

Matrimonial property refers to any property or assets that are acquired by either spouse during
the course of a marriage. This can include real estate, personal property, investments, and other
assets. In court matrimonial property is considered jointly owned by both spouses, regardless of
who initially acquired it or whose name appears on the title or ownership documents.
The division of matrimonial property is often a key aspect of divorce proceedings, as both
spouses may be entitled to a share of the assets accumulated during the marriage. The specific
laws and regulations governing the division of matrimonial property can vary depending on the
jurisdiction and the specific circumstances of the marriage and divorce.

In Tanzania, the law governing matrimonial property is the Law of Marriage Act of 1971 (as
amended in 2019). Under this law, any property acquired by either spouse during the course of
the marriage is considered matrimonial property and is subject to division in the event of a
divorce or dissolution of the marriage. This includes both movable and immovable property, as
well as any other assets or income earned during the marriage.

Matrimonial property is generally divided equally between the spouses, unless there is a
prenuptial or postnuptial agreement specifying a different arrangement. The court may also take
into account factors such as the length of the marriage, the contributions of each spouse to the
acquisition of the property, and the needs and financial resources of each spouse.

It's important to note that customary law may also play a role in the division of matrimonial
property in Tanzania, particularly in rural areas. In such cases, local customs and traditions may
be taken into account by the court when making decisions about the division of property.

2.2 Matrimonial Home

A matrimonial home is the family home where a married couple lives. It is the primary residence
of the couple and is considered to be a symbol of the family unit. The matrimonial home may be
owned or rented by the couple, and it is often the largest asset that the couple owns. More
specifically, the Family Law Act (FLA) defines the matrimonial home as:

18 (1) Every property in which a person has an interest and that is or, if the spouses have
separated, was at the time of separation ordinarily occupied by the person and his or her spouse
as their family residence is their matrimonial home. And additionally,

19 (1) Both spouses have an equal right to possession of a matrimonial home.

The matrimonial home is subject to special legal protections in the event of a divorce. For
example, in Canada, the Matrimonial Property Act states that both spouses have an equal right to
the possession of the matrimonial home, regardless of who owns it. This means that neither
spouse can sell or mortgage the home without the consent of the other spouse.

The legal protection of the matrimonial home is intended to provide security and stability to both
spouses and any children of the marriage, particularly in the event of a breakdown in the
relationship. It is important to note that the legal rights and protections of the matrimonial home
may vary depending on the jurisdiction and the specific laws that apply . As stated on section
1(1) subsection (a, b) of the Matrimonial Home Act of 1983 (As repealed on 1.10.1997)

(1) Where one spouse is entitled to occupy a dwelling house by virtue of a beneficial estate or
interest or contract or by virtue of any enactment giving him or her the right to remain in
occupation, and the other spouse is not so entitled, then, subject to the provisions of this Act, the
spouse not so entitled shall have the following rights (in this Act referred to as " rights of
occupation ")—

(a)if in occupation, a right not to be evicted or excluded from the dwelling house or any part
thereof by the other spouse except with the leave of the court given by an order under this
section;

(b)if not in occupation, a right with the leave of the court so given to enter into and occupy the
dwelling house.

While both spouses have an equal right to possess the matrimonial home, and possession is not
the same as ownership. When the ownership of the matrimonial home, property, or land is
shared, it is called a “tenancy in common” or “joint ownership.”

A Tenancy in Common means that both parties, (or if there is more than one, all parties), are
considered as having a total 100% interest in the property. Each party can have a different
percentage of the property or interest can be equal (like spouses each having 50% of the
matrimonial home). A Joint Tenancy means that the shared ownership of the property is
undivided.

2.3 The Matrimonial Homes Rights

It provides certain rights to spouses or civil partners in relation to their shared home.
Specifically, the Act gives a non-owning spouse or civil partner the right to remain in the family
home, or to return to it, even if they do not own the property.

Under the Act, the non-owning spouse or civil partner has the right to occupy the home as their
residence, and to prevent the other spouse or civil partner from evicting them. This right can be
particularly important in cases of separation or divorce, as it can provide a measure of security
and stability for the non-owning partner, especially if there are children involved.
The Act applies to married couples and civil partners, and it also covers certain other types of
cohabiting couples who have lived together for a certain period of time. However, it is important
to note that the Act does not give the non-owning partner any ownership rights in the property,
and they are still subject to any mortgage or other financial obligations associated with the
property. The Matrimonial Homes Rights Act is an important piece of legislation that helps to
protect the rights of non-owning partners in shared homes.

2.4 Distinguishing between Matrimonial property and matrimonial home

The term matrimonial home describes the house a married couple lives in or has lived in as a
family. It is a legal word used in family law to define the home that is used as a family residence
while a couple is married or living together. The matrimonial house is given specific legal
protection under family law in several countries, including Canada, which may limit one spouse's
ability to sell or otherwise dispose of the property without the other spouse's approval.

The phrase matrimonial property refers to all assets that either partner has, regardless of when
they were acquired before, during, or after a marriage or cohabitation or whether they are used as
a family residence. Assets including investments, bank accounts, real estate, and personal goods
like jewelry and automobiles are included in this. Matrimonial property is susceptible to
distribution between the spouses in the case of a divorce or separation in accordance with local
legislation.

The marital residence will belong to one spouse. In these situations, section 19(2) of the FLA
still gives the other spouse the right to own the marital residence. This personal right of the non-
owning spouse often expires with the dissolution of the marriage, but it may be reinstated by a
thorough separation agreement or a judicial order.

The court order grants the party to be able to live in the matrimonial home whether it is an
apartment, house; rented or owned. The other party is not allowed on the property. The order
usually extends to the children as well, allowing them to live in the matrimonial home.

Section 24(3) of the FLA, shows the circumstances that the court considers for such as;

• the best interests of the children and how this decision would affect them;

• any pre-existing orders for family property, support, or other enforceable support
obligations.

• both parties’ financial situations;

• any written agreement between the parties;

• the availability of other suitable and affordable accommodations; and

• any violence committed by a spouse against the other spouse or the children.
2.5 Divorce
Under Tanzanian law, divorce is a legal process by which a marriage is dissolved or terminated,
and the parties are released from their legal obligations to each other. In order to obtain a
divorce, one party must file a petition in the court, stating the grounds for the divorce.
Marriage Act Law section 107(2) states the grounds for divorce in Tanzania;

• Adultery
• Desertion for a continuous period of at least two years
• Unreasonable behavior, which makes it intolerable for the other party to continue living
with the spouse

• Separation for a continuous period of at least two years

• Conversion of religion, where one party has converted to a different religion from the
other party and this has caused irreconcilable differences

• Mental or physical cruelty

• Irretrievable breakdown of the marriage, where the parties have been separated for a
continuous period of at least two years and reconciliation is unlikely

Divorce in Tanzania is governed by the Law of Marriage Act of 1971, which sets out the legal
procedures and grounds for divorce. The act acknowledges both customary marriage and civil
marriage as valid forms of matrimony in Tanzania. In a conventional marriage, one party may
begin the divorce process by providing the other party written notice or by making an oral
statement in front of witnesses. To speed up the divorce procedure, the couple can also ask the
village council or a court for help. The opinions of the parties, the grounds for the divorce, and
the welfare of any children may all be taken into account by the court in this situation.

Only a court of law may divorce parties from civil unions. The petitioner must submit a petition
to the court and serve it on the other party in order to start the divorce process. The court will
then set up a hearing and issue a divorce judgment if it decides that the grounds for divorce are
legitimate.
Divorce is often not seen favorably in Tanzania, especially among traditional groups. But in
recent years, divorce rates have risen, a sign of shifting attitudes and beliefs about marriage and
family. However, according to data from the Tanzania National Bureau of Statistics (NBS), the
number of divorce cases in Tanzania has been steadily increasing in recent years.

In 2019, there were 5,348 cases of divorce filed in Tanzania, up from 4,905 cases in 2018. This
represents a 9% increase in the number of divorce cases in just one year. The majority of divorce
cases in Tanzania are initiated by women. Also, the crude divorce rate was 4.00 per population
on 2020. By 2021, it had fallen to 2.5 per 1,000 populations, with just 689,308 people divorcing.
The marriage rate has declined too, dropping from 8.2 per population in 2000 to 6.00 per
population in 2021.

2.6 Separation
Important issues in marriage law, particularly in the context of divorce, include separation and
property division. When a couple separates, they might need to divide their property, debts, and
financial accounts, as well as other assets and liabilities. Depending on the jurisdiction and the
particulars of the case, the property distribution procedure may change. Couples may
occasionally be able to settle on how to divide their assets and debts without the need for a judge
to get involved. This can be accomplished by negotiation, mediation, or another type of ADR.

Couples who are unable to agree on how to divide their assets may need to go to court. The judge
will decide how to split the property fairly and equitably in court after taking into account a
number of different variables. The length of the marriage, the financial condition and
contributions of each spouse, any prenuptial or postnuptial agreements, and the length of the
marriage are only a few examples of these variables. Community property rules, which normally
distribute all marital property equally between the spouses, may be the basis for property
distribution in some courts.

The Marriage Act of Tanzania outlines the rules and regulations surrounding marriage in the
country. The Act recognizes both monogamous and polygamous marriages, but there are specific
rules regarding separation. In Tanzania, separation can occur in two ways:

• Judicial separation: Is a legal process in which a couple can apply to the court for a
separation order. To do so, they must provide sufficient grounds for the separation, such
as adultery, cruelty, or desertion. The court will consider the evidence presented and may
grant a separation order if it finds that the grounds for separation have been established.

• Voluntary separation: Is an Informal Agreement between the couple to live apart and
separate their affairs. This type of separation does not involve the court and is not legally
binding. However, it can be used as evidence in court proceedings should the couple
decide to file for divorce later on.
Law of Marriage Act section 100 and Section 67 of the Marriage Act outlines the grounds on
which a court may grant a decree of judicial separation, which include:

• Adultery committed by either party

• Cruelty inflicted by either party on the other

• Desertion by either party for a continuous period of at least two years immediately
preceding the presentation of the petition

• The husband has neglected or refused to provide for the wife or children

• The wife has been habitually drunk or guilty of other misconduct

Section 68 of the Marriage Act outlines the effect of a decree of judicial separation. It states that;
a decree of judicial separation shall have the same effect as a decree of divorce in terms of the
parties' rights and obligations towards each other. This means that the parties will be free to live
apart and manage their own affairs, but they will not be free to remarry unless they obtain a
divorce. ,

2.7 Prenuptial Agreement

Prenuptial or pre-marital agreement refers to the agreement between a man and woman who are
wishing to enter into marriage concerning ownership of their properties acquired before marriage
and their ownership in the event of divorce. Under the Marriage Act of 1971, premarital
agreements are regarded as valid and enforceable in Tanzania. A prenuptial agreement, often
referred to as a premarital agreement, is a binding legal document that a couple signs before
getting hitched. In the case of a divorce or separation, the terms and conditions of the couple's
property and financial arrangements are outlined in the agreement.

A prenuptial agreement must fulfill certain conditions in order to be recognized in Tanzania.

First and foremost, all parties must voluntarily and fully comprehend the terms and repercussions
of the agreement before entering into it. Second, both parties must sign the agreement in a
written document in the presence of two witnesses. Third, the agreement cannot violate legal or
public policy. It is crucial to understand that Tanzanian law, especially those governing property
partition and support duties in the event of divorce or separation, cannot be overridden by a
prenuptial agreement. However, a prenuptial agreement can make the couple's objectives and
expectations in the case of a divorce clear and certain. Various authors have explained on
prenuptial agreement but the court in Tanzania and the Marriage Act Law makes it question.

2.8 Postnuptial Agreement

A postnuptial agreement is a legal contract that is signed by a married couple after their wedding.
It outlines how the couple's assets will be divided in the event of a divorce or separation.
Postnuptial agreements typically cover issues such as the division of property, spousal support,
and any other financial arrangements that the couple wishes to make. They can be used to protect
assets that one or both spouses bring to the marriage, as well as any assets that are acquired
during the marriage.

The Tanzania Marriage Act of 1971 does not specifically address postnuptial agreements.
However, under Section 92 of the Act, spouses are allowed to enter into a written agreement to
modify or waive their rights in each other's property during marriage or upon divorce. This
means that it is possible for spouses to enter into a postnuptial agreement in Tanzania, as long as
the agreement is in writing and complies with the provisions of the Marriage Act. The agreement
should also be fair and reasonable to both parties and not against public policy. It's worth noting
that the legal validity and enforceability of postnuptial agreements in Tanzania may be subject to
interpretation by the courts.

2.9 Property Acquisition System

• Marriage-related Assets

The statutory matrimonial property regime that applies to the spouses automatically is the regime
of acquired property. Each spouse disposes of their own personal belongings as well as any
newly acquired property that they personally control. Individual property includes personal
belongings and assets, assets brought into the marriage, assets received for free during the
marriage, such as gifts and inheritances, claims for satisfaction, and purchases that replace
individual property. Property that was obtained includes wages or salaries earned from a job,
benefits from social security and welfare programs for employees, payments for being unable to
work, revenue from one's own property, and property purchased to replace property that was
acquired. Each specific asset and item must be assigned to a specific property. By default, or
when in question, all of a spouse's assets that are not included in his or her own property are
considered to be acquired property.

• Distribution of Marital Assets

The division of marital assets occurs in the event of a divorce or the death of one of the spouses.
The two separate properties are selected for this purpose initially, followed by the purchased
properties. There are so-called claims for compensation if one of the properties has paid off
another property's debts. For instance, if the wife inherits a property, it becomes a part of her
personal property. She uses the money from her newly acquired property to pay her brother's
inheritance compensation. Her acquired property is therefore entitled to compensation from her
personal property.

Additionally, surpluses and shortfalls that have occurred as a result of one spouse's finances
being used to acquire or manage the assets of the other are also considered (for instance, if the
husband inherits real estate). Later, the wife uses her wages (earned property) to pay for the
construction of a winter garden. The wife's acquired property has a claim (investment plus share
of enhanced added value) against the husband's separate property if the real estate has gained in
value at the time of the partition of the matrimonial goods. These adjustments ultimately result in
the net balance (also known as surplus) of the purchased properties. Each spouse is or is entitled
to one-half of the surplus of the other spouse, or that spouse's heirs.

• Nuptial Contracts

Spouses may declare newly acquired property to be individual property designated for
professional or commercial use under the terms of a nuptial agreement. Additionally, they may
specify in a contract that revenue from certain property is not considered acquired property. In
the event of a divorce, separation, or death of one spouse, it is also acceptable to agree on a
different participation in the excess (such as the full surplus, a quota, or no participation).

• Collective Property

A property arrangement based on a contract is called community of property. The common

property is jointly owned by the spouses, each party or his or her heirs is entitled to one-half of
the common property if the community of property regime is terminated by the death of a spouse
or the formation of a different marital property regime. There are many rules governing how the
existing common property should be increased or decreased. Each spouse retains their separate
belongings.

• Property Separation

The spouses are to be recognized as third parties under property law in the case of the division of
property specified in the nuptial agreement. Everyone is the owner of their own particular
property. Because the other spouse does not participate in property law, there is no equitable split
upon dissolution of the matrimonial property regime. In addition, if a spouse who is living under
the community property regime is declared bankrupt, the separation of property is also possible,
either by court order or ex officio.

The laws of the state where the divorce is filed will determine each spouse's rights to the
matrimonial property after the divorce. The equitable distribution concept, which states that
property is split fairly but not necessarily evenly between the spouses, is often the foundation
upon which property division is founded.

All property gained during the marriage is regarded as joint property in some jurisdictions, such
as community property states in the United States, and is divided equally between the spouses
upon divorce. In some countries, the length of the marriage, the contribution of each spouse to
the acquisition of the property, and the needs and circumstances of each spouse following the
divorce may all be taken into consideration by the court when deciding how to divide the
property. The court may also mandate spousal maintenance or alimony payments from one
spouse to the other in addition to allocating property. Spousal assistance is meant to assist the
recipient spouse in maintaining the same standard of living that they had while they were
married.

However, recently a study conducted by the Court in the financial year 2017/2018 showed that
there were a total of 5072 hearings related to those issues where only 3474 hearings on
inheritance and 1598 divorce in Da es Salaam Region. With those cases there have been a
difficulty in resolving and issues have been emerging during property distribution.

Henceforth, there’s a need to address the issues which emerge during divorce occurrence and
property distribution on the matrimonial cases and show the way forward to curb the situation.

Analysis of Cases

Case of Bi Hawa Mohammed vs Ally Seifu of 1980 is a good example of cases that occur and
have a theme to be studied and suggest the equal suggestion practically.

The case of Bi Hawa vs Ally Seifu involves a dispute over the division of matrimonial property
between a husband and wife who were separating. Bi Hawa claimed that she was entitled to a
share of the property acquired during their marriage, while Ally Seifu argued that the property
was solely his and that Bi Hawa had no claim to it.

The Court of Appeal in Kenya held that under the Matrimonial Property Act, which governs
property division in divorce cases, both spouses have an equal right to ownership and control of
matrimonial property. This means that Bi Hawa had a legal claim to a share of the property, even
if her name was not on the title deeds.

The court further ruled that the contribution of each spouse towards the acquisition of
matrimonial property should be taken into account in determining the division of the property. In
this case, Bi Hawa had made significant contributions to the acquisition and maintenance of the
property, including through her work as a businesswoman and her contributions to the family's
living expenses.

Therefore, the court ordered that the property be divided equally between Bi Hawa and Ally
Seifu, taking into account their respective contributions. This decision affirmed the principle of
gender equality in property rights and reinforced the importance of recognizing the contributions
of both spouses in the acquisition of matrimonial property.

Also the case of Tabia Matisho vs George Chapaulinge (Matrimonial Appeal 4 of 2020)

The case of Tabia Matisho vs George Chapaulinge involves a dispute over matrimonial property
division between a husband and wife who were in the process of getting a divorce. Tabia
Matisho claimed that she was entitled to a share of the property that the couple had acquired
during their marriage, while George Chapaulinge argued that the property was his alone and that
Tabia had no claim to it.

The High Court in Malawi held that under the Marriage Act and the Matrimonial Property Act,
both spouses have equal rights to matrimonial property acquired during the marriage. The court
ruled that George's argument that he alone had contributed to the acquisition of the property was
unfounded, as Tabia had also contributed to the acquisition and maintenance of the property.

The court also considered the welfare of the couple's children in making its decision on property
division. It noted that the couple had three children who were living with Tabia, and that it was
in the best interests of the children to be provided for adequately. The court therefore ordered
that the property be divided equally between Tabia and George, taking into account their
respective contributions to its acquisition and maintenance.

The decision in this case reinforces the principle of gender equality in property rights and
underscores the importance of recognizing the contributions of both spouses in the acquisition of
matrimonial property. It also highlights the need to consider the welfare of children in
matrimonial property disputes, as they are often the most vulnerable parties in such cases.

Ladislaus Mutashubirwa vs Edna Josephat Ruganisa (PC Civil Appeal 144 of 2020) [2021]
TZHC 3779 (28 May 2021

The case of Ladslaus Mutashubirwa vs Edna Josephat involves a dispute over the division of
matrimonial property between a husband and wife who were getting a divorce. Ladislaus claimed
that he was entitled to a larger share of the property because he had paid for it and made a greater
contribution to its acquisition, while Edna argued that she was entitled to an equal share of the
property under the law.

The High Court in Tanzania held that under the Law of Marriage Act, both spouses have an
equal right to ownership and control of matrimonial property acquired during the marriage. The
court also noted that contributions to the acquisition and maintenance of matrimonial property
should not be limited to financial contributions alone, but should also include non-financial
contributions such as homemaking and child-rearing.
The court found that Edna had contributed significantly to the acquisition and maintenance of the
property, including through her work as a businesswoman and her contributions to the family's
living expenses. The court therefore ordered that the property be divided equally between
Ladslaus and Edna, taking into account their respective contributions.

This decision reaffirms the principle of gender equality in property rights and emphasizes the
importance of recognizing both financial and non-financial contributions in determining the
division of matrimonial property. It also underscores the need for fair and equitable division of
property in divorce cases, regardless of who paid for it or whose name is on the title deeds.

The Case of Zawadi Abdallah

The parties were married for a period of twenty-one years and there were seven children of the
marriage. Their marriage was terminated by the Morogoro Urban Primary Court. Thereafter the
former wife, Zawadi Abdallah, applied at the Morogoro District Court for decision of
matrimonial assets which included two houses and a lorry. In support of her claim she argued
that it was through her industry and prudence in the keeping of the household that the husband
was able to save a handsome amount of money with which he used to build the two houses. She
further claimed that she had assisted her husband in managing a retail shop from which the
husband obtained the necessary resources for purchasing the lorry.

These claims were resisted by the husband, Ibrahim Idd, who told the court that his wife had not
assisted at all in running the shop. He called two witnesses who identified themselves as his
shop-assistants and gave evidence in his favor. The husband also disputed the wife's claim that
her role as a prudent and austere house-wife had enabled him to acquire the relevant assets. He
stated that his wife was at all material times receiving adequate maintenance. More significant
however, was the husband's evidence that he had acquired the said property through a loan given
to him by his employer, a substantial part of which remained unpaid. Having considered the
entire evidence, the District Court held that the properties were acquired using the loan from the
employer and that the claimant was just a housewife who had a perfect1y happy life.

The court noted that the performance by the wife of her normal domestic chores were not an
effort or contribution within the meaning of section 114 of the Law of Marriage Act and was
therefore not a relevant factor in considering the question of division of matrimonial assets.
Zawadi Abdallah appealed to the High Court where it was held that the property at issue was
acquired by the husband, using the employer's loan and that since the greater part of the loan
remained unpaid, such property was more of a liability than an asset.

The appellate court then considered the question whether the wife was entitled to any share in the
property acquired during marriage merely by reason of being a housewife. The court held that
the District Court was right in holding the view that housework was not to be equated with the
husband's work for the purpose of evaluating contributions made by spouses towards the
acquisition of property.
It was noted that section 114 of the Law of Marriage Act was not intended to confer to a married
woman who did not have property or had failed to acquire any during marriage because of
household duties, a share in the property acquired by her husband during the subsistence of the
marriage. Therefore, the appeal was dismissed and advised the former wife to consider seeking
alimony vide section 1 15 (I) (e) of the Law of Marriage Act.

Example of the Prenuptial Agreement case was that of Hyman v. Hyman

The case was a legal dispute between a mother and son over a prenuptial agreement. The son,
Kenneth Hyman, signed the agreement before marrying his wife, Tracy Hyman, which waived
his rights to any of his mother's assets. However, after his mother's death, Kenneth claimed that
the prenuptial agreement was invalid and that he was entitled to a share of his mother's estate.

The case ultimately hinged on whether or not Kenneth had fully understood the terms of the
prenuptial agreement when he signed it. The court found that Kenneth had not been adequately
informed of the extent of his mother's wealth, and that the agreement had been signed under
duress. As a result, the court ruled in favor of Kenneth and awarded him a portion of his mother's
estate.

Overall, the Hyman v. Hyman case highlights the importance of ensuring that prenuptial
agreements are fully understood by both parties and that they are entered into voluntarily,
without coercion or duress.
 Chapter Three

Research Methodology
This chapter talks about the study methodologies and procedures to be used during data
collection. It also explains how the research will be conceived and how the entire study will be
carried out from start to finish. These are the approaches and procedures used to come up with
responses to research inquiries. The research methodology starts with the research design,
procedure, and selection of the research strategy and analysis unit. Aside from that, analysis and
interpretation play a significant role in the conclusion and suggestion.

3.1 Research Methodology

Qualitative method is the one that gains in depth understanding of experience and perspectives of
individual who have gone through divorce in Tanzania. It can be done through research
techniques such as interview, focus groups and case studies.

3.1 Research design

According to Yin (2002), research design is a logic that connects the data to be collected and the
conclusions to be derived to the study's initial question. It is the plan that directs the researcher
through the whole process of data collection, analysis, and interpretation. It is a logical proof
model that helps researchers to draw conclusions about the causal link between the variables
under investigation.

Referring to Stake (2006), he stresses that the instances' relevance to the study problem One of
the most important factors in determining which case to choose is the ability to give
opportunities to learn about the complexity and context.

As a researcher, I choose the case study design for the following reasons: one, to document the
various practical challenges in division of the matrimonial properties after divorce at One Stop
Center at Temeke; and second, to study how matrimonial properties cases are decided in the
court and ensure proper division of the real properties.

3.2 Criteria for selecting One Stop Center for Probate and Family Matters at Temeke, Dar
es Salaam region as a case study.
The research topic and information richness of a specific case study determine the case study's
selection in order to have clarity of the information gathered from the particular chosen region to
be a case study to deal with. As a result, in order to provide the needed and expected output that
was both legitimate and relevant to the study question and the objectives.

In this study, One Stop Center for Probate and Family Matters is the selected study area, and the
following are the criteria for the selection of the case study,

• It will give the research a lot of information on divorce and division of the matrimonial
properties as it is the center for such cases

• Accessibility to the study area, since it is located in Dar es Salaam city.

• Cost & time of conducting the research will be minimized.

Thus, One Stop Center for Probate and Family Matters at Temeke is the selected court for case
study over the other court in Tanzania.

3.3 Research process

The literature review, author background, and research motivation are all steps to be followed in
this study, followed by the construction of research objectives and questions based on the
practical review. After determining the objectives and research questions, the conceptual
framework on which the study is based was created.

3.4 Data collection methods.

Data collection refers to the gathering of particular information with the goal of proving or
disproving truths. All of the methodologies or approaches that were employed to perform the
research are included below. Primary and secondary sources are the two key sources for
gathering knowledge on a topic, problem, or phenomena in research, and they are explained as
follows:

3.1.1 Primary data

This is unprocessed data or first-hand information gathered on the spot. Primary data for this
study came from interviews, focus group discussions and case studies during data gathering.

3.1.2 Secondary data

This is second-hand information gleaned from secondary sources. These are the literatures and
publications that are now available. Government papers, prior research materials, census,
personal data, and newspaper articles were all studied as part of this study.

Based on this research, the following approach and tools shows how to gather particular data
from the field and how the procedure will be carried out.

3.4 Interview.

It involves one to one conversation between a researcher and participant where the researcher
asks question and participant responds. As described in the subsections, this approach may be
divided into Structural interview as it is predetermined set of questions in specific order, Semi-
structured interview is the list of questions but is able to deviate from the list to ask follow-up
questions and Unstructured interview as no predetermined questions and conversation is guided
by the participant’s response. The study will adopt semi-structured and unstructured interview as
to get more information from the respondents.

Official interview

This method consists of checklist questions to be developed for specific respondents in One Stop
Center for Probate and Family Matters including the respondents, appellant and advocates. Some
other official interviews will be developed for respondents and appellant, by asking them
questions.

The researcher will identify the practical challenges in division of matrimonial properties after
divorce and suggest the possible response as stated by the interviewees. The technique will rely
on qualitative data, the data obtained from the respondents will cover how matrimonial
properties are divided after divorce the study will work beneath with strategies to mitigate
impacts of property division after divorce in the society.

3.5 Field Survey

It is a primary method of data collection that uses to gain a greater understanding about
individual or group perspectives related to a particular concept or topic. It is a quantitative
method of research used for collecting data from a set of panel or respondents. It uses
questionnaire to collect set of data. It is divided into two categories such as; Cross sectional
survey is from one individual point in time and Longitudinal survey as it is from same individual
over a period of time. The study will adopt the cross sectional survey as it will need variety of
responses from many respondents in different aspects