The Respondent was the petitioner in the original case at
the Maili Moja Primary Court, Kibaha District, where he sued for divorce
against the Respondent, whom he had married in customary form in 1999. Ten
years later, in 2009, the marriage was solemnised in church. The Primary Court
granted him his prayer for divorce and determined the issue of matrimonial
assets. It then proceeded to distribute the assets. The Appellant was not
satisfied with the trial court’s findings and orders on division of assets. She
thus appealed to the District Court for Kibaha District which dismissed the
appeal. Further aggrieved, the Appellant filed the present appeal, by way of a
memorandum of appeal. The Respondent has raised a point of preliminary
objection to the effect that the appeal is incompetent because it was filed in
this Court and not in the District Court which decided the first appeal.