The Appellant and the Respondent were husband and wife and were blessed with six issues. Later their relationship went sour. The Appellant filed a Matrimonial Cause before Gera Primary Court at Gera in Missenyi District seeking for divorce and distribution of matrimonial assets, which was granted. The Respondent was dissatisfied with the order on distribution of matrimonial assets hence preferred an appeal in the District Court of Bukoba at Bukoba. In the appeal, the District Court upheld the divorce order, but quashed the order related to distribution of matrimonial assets for want of certainty of matrimonial assets. Finally, the District Court left parties at liberty if they were still interested in instituting a fresh suit relating to division of matrimonial assets.
Consequently, the Respondent lodged Matrimonial Cause in the same court, Gera Primary Court, seeking for division of matrimonial assets. Aggrieved by the decision of the Primary Court the Appellant appealed in the District Court of Bukoba at Bukoba. The District Court accordingly distributed matrimonial assets which were identified from the record as matrimonial assets jointly acquired by the parties during their marriage. The parties had no problem with the distribution of the identified assets. However, the Appellant had no comfort with the holding and reasoning of the District Court, hence, this appeal. The main issue before the Court is whether a retirement pension is part of the matrimonial property jointly acquired subject to division.