Browsing by Author "Jangu, Luckness"

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Analysis of Legal Conundrums in Division of Co-owned Real Property Following Divorce in Tanzania
(Law Reform Commission of Tanzania, 2024-03) Jangu, Luckness
Ownership of real property among spouses is regulated by the Constitution, land, and marriage laws. The Constitution guarantees the right to own property, while the Land Act specifies conditions permitting spouses to co-own land. The Law of Marriage Act (LMA) unifies and harmonizes existing multiple regimes of marriage and recognizes all forms of marriage. However, the LMA is silent, and its provisions have notable challenges and or are irrelevant in the distribution of co-owned real property upon divorce in monogamous and polygamous marriages. Likewise, there is a legal conundrum attached to provisions of the LMA, the Land Act, and the Land Registration Act. This Article analyses these challenges and concludes that the LMA has not been aligned with property laws. In this regard, it is irrelevant in the distribution of co-owned real property between spouses at the time of divorce. The Article recommends the amendment of the LMA and its rules to accommodate the division of co-owned real property during divorce.
An Examination of the Law of Marriage: Act regarding the Distribution of Matrimonial Real Property in the Context of Customary and Islamic Polygamous Marriages in Mainland Tanzania
(International Journal of Law Management & Humanities, 2024) Jangu, Luckness
This paper examines the Law of Marriage Act as it pertains to the division of matrimonial real property within the context of customary and Islamic marriages in Mainland Tanzania. It highlights the legal frameworks governing property rights, identifying disparities and challenges faced by spouses in these marriage types. The study reveals that while the Act aims to provide equitable property distribution, it often falls short in addressing the unique cultural and religious dynamics of customary and Islamic practices. Key issues include inadequate legal recognition of non-formalized marriages and conflicting interpretations of property rights. By analyzing case law and existing literature, this paper advocates for reforms to enhance legal clarity and ensure fair treatment for all spouses, promoting gender equity and protecting the rights of individuals within diverse marital contexts. Ultimately, it underscores the need for an inclusive legal approach to matrimonial property rights in Tanzania.
The Legal Complexities of the Relief in Division of Matrimonial Real Property upon Divorce in Mainland Tanzania: Lessons from Kenya
(African Journal of Law and Practice, 2024-12) Jangu, Luckness
The Law of Marriage Act, 2019 provides two main reliefs on the division of matrimonial property to spouses during divorce: The division of the property or the sale of property and distribution of proceeds. Division or sale of the property and the distribution of proceeds of the sale affects divorcing and non-divorcing spouses in polygamous marriages. Non- divorcing spouses can prevent the execution of a valid decree since their contribution or interest in the property was not considered during divorce proceedings. Courts are restricted to these reliefs since the Law of Marriage Act lacks other reliefs which take into consideration the convolutions of polygamous marriage and the intricacies of real property in the division. This article examines the legal complexities of reliefs in the division of matrimonial real property in polygamous marriages. The article uses doctrinal and comparative methodologies, exploring Kenya's reliefs during the division of matrimonial property to inform potential reforms in Mainland Tanzania’s legal framework. The article asserts that the reliefs in section 114 of the Law of Marriage Act are insufficient to address the challenges of property division in polygamous divorce. The Article advocates for comprehensive legal reforms on reliefs to address the unique dynamics of polygamous marriages.
Protection of Third Parties’ Interest in Real Property During the Division of Matrimonial Property in Mainland Tanzania
(Law Reform Commission of Tanzania, 2024-03) Jangu, Luckness
The article specifically assesses the overlooked phenomenon of protection of third- party interest in real property during the division of matrimonial property after divorce in polygamous marriages under the Law of Marriage Act (LMA). The article is inspired by the Constitution of the United Republic of Tanzania and the Land Act which provides the right to property of every person and the protection of such property by the law and that any interest in land has value which should be considered during any disposition of property. Data for the article was obtained through doctrinal and comparative legal methodologies. It is noted that the laws regulating the division of matrimonial property at the time of divorce fall short in the protection of the third party’s interest in real property at the time of the division of real matrimonial property. It is concluded that the LMA should be amended to accord the right to third parties to defend their interest in real property during the division of such property after divorce by enacting relevant provisions to that effect.