The Court of Appeal of Tanzania and the development of the law of domestic relations

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Periodical article

Title:	The Court of Appeal of Tanzania and the development of the law of domestic relations
Author:	Rwezaura, B.A.
Year:	1989
Periodical:	Eastern Africa Law Review (ISSN 0012-8678)
Volume:	16
Issue:	2
Period:	December
Pages:	146-186
Language:	English
Notes:	biblio. refs.
Geographic terms:	Tanzania East Africa
Subjects:	customary law family law supreme courts law Tanzania. Court of Appeal
Abstract:	This paper considers the role of the Court of Appeal of Tanzania in the development of the law relating to domestic relations. No doubt the two best known decisions in this respect concern the cases of Bi. Hawa Mohamed v. Ally Sefu, relating to matrimonial property law, and Maagwi Kimito v. Gibeno Werema, relating to the legal status of customary law. Besides these two cases, few appeals of major legal importance for the development of family law have gone up to the Court of Appeal. There are a number of areas in the law on which the High Court is divided and hence the intervention of the Court of Appeal would be most desirable. These include the application of s. 160 of the Law of Marriage Act 1971 relating to presumption of marriage, the determination of claims over custody of children born during a couple's separation, and the correct interpretation of s. 107(3) of the Law of Marriage Act 1971 governing Islamic divorces. There are also important areas of family law on which neither the Court of Appeal nor the High Court have made any pronouncement. Notes, ref.