This is a third appeal by the Appellant, Hidaya Ally. The Respondent, Amiri Mlugu had petitioned her for divorce and distribution of matrimonial property in a Primary Court. While that court found that there was no formal marriage between the parties, it was nevertheless satisfied that a presumption of marriage had been established. It dissolved the marriage and ordered an equal distribution of matrimonial property which included a house and a three (3) acre farm. The Appellant unsuccessfully appealed to the District Court of Ilala in Dar es Salaam. Still aggrieved, she appealed to the High Court of Tanzania at Dar es Salaam. It was common ground that there was a time when the parties lived together as husband and wife in the 1990s. However, while the Appellant said the Respondent moved in to live with her in 1998 which was after she had acquired the plot for the house in 1996, the latter said they began living together in 1996 after they had undergone a customary marriage, and that he moved away in 2001 after misunderstandings cropped up between them culminating into institution of those divorce proceedings. It is a fact that either way, they lived together for more than 2 years.