A Compulsory Research Report Submitted to Mzumbe University – Mbeya Campus College in Partial Fulfillment of the Requirement of the Award of Bachelor Degree of Laws (LL.B) of Mzumbe University
This research paper focuses on the law relating to division of matrimonial property in polygamous marriage with the view of seeing whether the law protects co-wife’s property rights upon dissolution of marriage. The law governing division of matrimonial property on section 114 appears to confine itself on division of matrimonial property in case of monogamous marriage without taking into account on the fact that polygamous marriage are legal marriages in Tanzania. For the court to make the order of division of property of spouses, the court must have dissolved the marriage through the decree of divorce. In polygamous marriage where there is more than one wife, in case on divorce of one wife, the court will order matrimonial property division without taking into account for the other wife who remains without divorcing, and hence lack of protection to her share in that matrimonial property.
Chapter one is the introduction of the research which discloses the problem on the law on section 114 of the LMA and indicating the areas which the research covers and how data is collected.
Chapter two discusses in details the background, history on polygamous marriages, recognition of polygamous marriage so as to accord rights in them. Their property adjustments when the marriage subsists and at the time where the marriage comes to an end.
chapter three which was based into examining various laws, the researcher is presenting and analyzing what has been found during the field research and secondary sources concerning the division of matrimonial assets after marriage dissolution especially under section 114 of LMA, this will be in relation with research objectives and questions .chapter four This study was undertaken to find whether the co-wives’ property rights are protected when the court gives order of division of matrimonial property. Co-wives are women who are married by one husband in a marriage known as polygamous marriage. The study therefore investigated the process of division of matrimonial property of polygamous married women in our Tanzanian courts aiming at seeing whether the law applicable offers protection to them. The study specifically focused on the co-wife who remains without divorcing her marriage but having an interest in the matrimonial property, and therefore requires having legal protection in her property rights.
Chapter five is the conclusion of the work and recommendations on the law relating to division of matrimonial property so as to protect the economic interest of co-wives.