Way back in 2007 the Respondent filed a petition for divorce
against the Appellant. Also, in the said petition, the Respondent sought the
distribution of the matrimonial assets which were acquired during the pendency
of the marriage including two residential houses, one at Ivumwe and the other
one at Ilomba within Mbeya City. During the trial, the Appellant contested
that, the house at Ilomba where his mother resides, belonged to his sister. The
trial Primary Court found in favour of the Respondent having dissolved the
marriage with an order that, the matrimonial assets be distributed among the
parties including one house.
The Appellant unsuccessfully appealed to the District Court of
Mbeya challenging, among other things, the trial court’s order in respect of
the division of a house at Ilomba Area, Mbeya City on the ground that it did
not consider that the said house to belong to his sister. Still undaunted, the
Appellant unsuccessfully appealed to the High Court where his appeal was
dismissed and the decisions of the subordinate courts confirmed. In addition,
the High Court made the following order:
The provisions of section 115 have not been complied with.
The Appellant chased the Respondent from the matrimonial home and has not paid
anything since the matter began, not even during the Iddat period for there is
no evidence to that effect Thus, in view of the fact that since the divorce
process began way back in 2007 to date the Respondent has not been able to
enjoy her rights even through divorce has been granted I order that the
Appellant pays her a maintenance allowance of Tshs. 50,000/= per month from the
year 2007 which he ought to have been paying to date and Tshs. 100,000/= per
month from the date of this judgment to either vacant possession or payment in
full of the market price of the house at Homba
Dissatisfied, the Appellant has preferred the present appeal.