19861127 TZHC Tabora
The concurrent findings of fact and decisions of both lower courts were upheld, as the respondent was entitled to the house and shambas due to his contributions and care for the deceased, but not to the animals, which were received as bride price for the respondent's step-sister.
- Citation
- 19861127 TZHC Tabora
- Parties
- Appellant: Abdillah Majijenge; Respondent: Kafitid Majijinge
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 27 November 1986
- Procedural Posture
- Civil Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Inheritance, Distribution of Estate, Customary Succession Rights
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Abdillah Majijenge
Appellant
Kafitid Majijinge
Respondent
Procedural Posture
Civil Appeal / Second Appeal
Legal Issues
- 1 Whether the respondent is entitled to a share in the estate of the parties' late mother under Sukuma customary law
- 2 Whether the distribution of the estate by the lower courts was proper
Ratio Decidendi
The concurrent findings of fact and decisions of both lower courts were upheld, as the respondent was entitled to the house and shambas due to his contributions and care for the deceased, but not to the animals, which were received as bride price for the respondent's step-sister.
Court Disposition
appeal dismissed
Orders
- No order as to costs
Full Case Text
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