Date Log
Submitted
October 15, 2023
Published
December 30, 2020
CASE NOTE DIVISION OF MATRIMONIAL ASSETS UPON DIVORCE PROCEEDINGS
ARE THE COMPANY ASSETS THE SUBJECT OF THE DIVISION?
Corresponding Author(s) : Hanifa T. Massawe
hmassawe@mzumbe.ac.tz
The UONGOZI Journal of Management and Development Dynamics ,
Vol. 30 No. 2 (2020): The UONGOZI Journal of Management and Development Dynamics
Abstract
WHAT BEFELL THE PETITIONER IN THIS CASE?
In Safina Ally v. Daku Abdallah, the appellant (Safina- wife) was married to the respondent (Daku Abdallah - husband) under Islamic marriage in 1986. In 2017, their marriage was dissolved by the Musoma Urban Primary Court. Subsequent to dissolving the marriage, the Primary Court awarded the appellant 25 percent of the immovable assets, while the respondent was awarded 75 percent. In addition, the court made an order to both parties to pay Tsh. 1,000,000/= to Faida Marco, being an outstanding loan taken for some business. The Primary Court refrained from distributing assets owned by the company in which the husband was a shareholder. The appellant was aggrieved by this decision. She unsuccessfully appealed to the District Court and the High Court. In the High Court, the relevant grounds of appeal which forms the basis for this case note reads as follows: (i) the courts below erred in law and fact for holding that the company (industry) owned by the parties is not subject to division of matrimonial assets (sic). The High Court held that the courts below were justified to decline distribution of the industry duly registered through the Companies Act.
In Safina Ally v. Daku Abdallah, the appellant (Safina- wife) was married to the respondent (Daku Abdallah - husband) under Islamic marriage in 1986. In 2017, their marriage was dissolved by the Musoma Urban Primary Court. Subsequent to dissolving the marriage, the Primary Court awarded the appellant 25 percent of the immovable assets, while the respondent was awarded 75 percent. In addition, the court made an order to both parties to pay Tsh. 1,000,000/= to Faida Marco, being an outstanding loan taken for some business. The Primary Court refrained from distributing assets owned by the company in which the husband was a shareholder. The appellant was aggrieved by this decision. She unsuccessfully appealed to the District Court and the High Court. In the High Court, the relevant grounds of appeal which forms the basis for this case note reads as follows: (i) the courts below erred in law and fact for holding that the company (industry) owned by the parties is not subject to division of matrimonial assets (sic). The High Court held that the courts below were justified to decline distribution of the industry duly registered through the Companies Act.
Massawe , H. T. . (2020). CASE NOTE DIVISION OF MATRIMONIAL ASSETS UPON DIVORCE PROCEEDINGS: ARE THE COMPANY ASSETS THE SUBJECT OF THE DIVISION?. The UONGOZI Journal of Management and Development Dynamics, 30(2). https://doi.org/10.69522/uongozi.v30i2.40
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