INTRODUCTION

DEFINITION OF TERMS

Unjust Enrichment and Tacit Universal Partnership are alien to Marriage solemnised in terms
of the Marriage Act Chapter5:11

The question of unjust enrichment and tacit universal partnership are alien to the marriage
solemnised in terms of the Marriage Act 5:11 because it is governed by the matrimonial
Causes Act which deals with the division of property in a registered marriage. According
to………………..This act allows equitable distribution of matrimonial property upon divorce
and the direct and indirect contribution of spouses is taken into account in decision on the
division of property. However, the issue of unjust enrichment and tacit universal partnership
are used upon divorce of the unregistered customary marriages

Body

To start with, the unjust enrichment as a principle is justified because it leads to fairness upon
divorce of an unregistered customary marriage. This is because if one has to remove these it
will lead to an absurd result as a woman in an unregistered customary marriage will be left to
amai and maoko property. This is postulated in the case of Jena v Nyemba1 whereby Gubbay
C. J held that women under customary law could not own property and property acquired
during a marriage becomes the husband’s property whether acquired by him