After the Primary Court of Kawe granted a divorce and
ordered division of matrimonial property an appeal to the District Court of
Kinondoni challenging the decision of the Primary Court was dismissed.
Aggrieved by that dismissal the Appellant appealed to the High Court. On the
second appeal he raised three grounds of appeal to the effect that, his
matrimonial dispute with the Respondent was never referred to the marriage
conciliation board as required by section 101 of the Law of Marriage Act, 1971,
that properties situated on a piece of land in Kilimanjaro should not have
been divided as a matrimonial asset because the land did not belong to the
parties. In his third ground of appeal, Appellant questioned the rationale of
the courts below excluding the properties Respondent acquired as retirement
benefits from matrimonial properties subject of division.