20160824 TZHC Dar es Salaam

20160824 TZHC Dar es Salaam

The petition was struck out because the petitioner failed to exhaust alternative remedies available in the probate court as required by section 8(2) of the Basic Rights and Duties Enforcement Act. The court held that the petitioner should have pursued her grievances regarding distribution of matrimonial property through the probate process before seeking constitutional remedies.

Citation
20160824 TZHC Dar es Salaam
Parties
Petitioner: Mwajua Mwinyimkuu; 1st Respondent: Attorney General; 2nd Respondent: Salim Abas Kihemba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 August 2016
Procedural Posture
Miscellaneous Civil Cause (constitutional Petition) / Ruling on Preliminary Objection
Outcome
Petition struck out with costs
Legal Topics
Enforcement of Constitutional Rights, Matrimonial Property, Widow's Rights, Jurisdiction, Exhaustion of Remedies
Source Language
English
Constitutional Law Family Law Succession Law Enforcement of Constitutional Rights Matrimonial Property Widow's Rights Jurisdiction Exhaustion of Remedies

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Mwajua Mwinyimkuu

Petitioner

Attorney General

1st Respondent

Salim Abas Kihemba

2nd Respondent

Procedural Posture

Miscellaneous Civil Cause (constitutional Petition) / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the petition is barred for failure to exhaust alternative remedies under section 8(2) of the Basic Rights and Duties Enforcement Act
  2. 2 Whether the Constitutional Court has jurisdiction over disputes between private parties regarding matrimonial property upon death of a spouse
  3. 3 Whether non-recognition of a widow's efforts and contribution in matrimonial assets is unconstitutional

Ratio Decidendi

The petition was struck out because the petitioner failed to exhaust alternative remedies available in the probate court as required by section 8(2) of the Basic Rights and Duties Enforcement Act. The court held that the petitioner should have pursued her grievances regarding distribution of matrimonial property through the probate process before seeking constitutional remedies.

Court Disposition

Petition struck out with costs

Orders

  • Petition is struck out with costs to the respondents
  • Right of appeal explained