Jan 20, 2022

Mawazo Writing Africa

Writing about the main

Tanzanian man loses prime property to estranged Kenyan wife

The man, who was identified in the court records as HJO alias BJO, left the marriage empty-handed after more than six years of litigation.

HJO had to prove that his marriage to the woman, IMS, alias EMS, was celebrated in accordance with Maasai rites prior to the acquisition of the property on the south coast.

The judge of the Mombasa Family Division, John Onyiego, stated that a public ceremony in the presence of traditional African marriages of the elders who bless the marriage, an exchange of gifts and the payment of the dowry takes place.

“Unfortunately there was no evidence from HJO that the required Maasai rites and / or cultural practices were carried out” said the judge as he ruled the matter.

Marriage claims between the two resulted in hearsay, he said, because HJO failed to call anyone who witnessed the ceremony.

“His evidence regarding the marriage of the Maasai are just not confirmed. It was up to HJO to provide evidence to prove the existence or presumption of a traditional marriage. A mere claim that they married in 2010 without evidence is untenable, ”the judge said.

The only evidence available was that the woman was married to the man in 2015, five years after the disputed property acquired.

Infidelity, dishonesty and cruelty

The court also found that there was no evidence that property was improved during the marriage and therefore there was no conjugal property for the Division was or distribution.

“In this respect, the question of contribution arises neither directly nor indirectly,” said Judge Onyiego.

The couple’s argument began in 2017 after the man filed a motion had divorce before the Kadhi court in Mombasa.

The couple accused each other of infidelity, dishonesty, cruelty and other allegations and called for the dissolution of the marriage because it was irrevocably broken.

The man demanded that the woman compensate him for the divorce.

The man s acted on the court that he went to Kenya as a businessman in 2007 and bought shoes from Tanzania and sold them in Mombasa.

“Then in 2009 I started living with the woman. I took them to Tanzania the following year and got our union celebrated in accordance with Maasai culture and customs, ”he said.

He claimed that they bought land together on December 5, 2010 before they built a modern eight-room house.

According to HJO, the property could not be registered in his name because he had not received the necessary documents and his name was therefore not on the ownership documents. < / p>

The marriage dissolved

They then moved into the house in 2014, converted to Islam, and celebrated their Islamic marriage the following year before the kadhi.

Threw in their defense the woman told the man to be irresponsible because he never supported her financially and that he was a dishonest person who never revealed that he had another wife in Tanzania.

She further denies ed ever participate in a traditional Maasai wedding ceremony with the man taken or ever introduced to any of the man’s relatives. However, she admitted to having an Islamic marriage with the man in 2015.

“I was single when I bought and developed the theme, we hadn’t started living together yet,” she said.

The Kadhi court dissolved the marriage, but ordered the couple to share the property 50:50.

This decision appealed to the woman who appealed to the High Court. < / p>

Justice Onyiego agreed with the woman after reviewing the evidence, finding that he could not find any record of how the man contributed to the purchase and development of the property.

< p> “A statement made herein that the property in question was acquired solely by the woman before the marriage to the man and is therefore 100 percent her property,” said the judge.

Justice Onyiego said the court of Kadhi committed a legal error and misdirected himself.

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