19870515 TZHC Mbeya

19870515 TZHC Mbeya

Res Judicata does not apply because the parties in the previous and current proceedings are not the same; the estate should be divided equally between the heirs of Manasi and Gwamwisilya as per customary law.

Source-derived case information.

Citation
19870515 TZHC Mbeya
Parties
Appellant: Benard s/o Mjijiga; Respondent: Kakusulo s/o Maisumo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 May 1987
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal succeeds in part
Legal Topics
Res Judicata, Customary Inheritance, Division of Estate
Source Language
english
Inheritance Customary Law Res Judicata Customary Inheritance Division of Estate

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Parties

Benard s/o Mjijiga

Appellant

Kakusulo s/o Maisumo

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the doctrine of Res Judicata applies to the present suit
  2. 2 Whether either party is entitled to inherit the estate of the late Manasi Maisumo

Ratio Decidendi

Res Judicata does not apply because the parties in the previous and current proceedings are not the same; the estate should be divided equally between the heirs of Manasi and Gwamwisilya as per customary law.

Court Disposition

appeal succeeds in part

Orders

  • Residential and farm lands formerly occupied by Manasi at Kyimbila locality to be divided equally between appellant and respondent and their respective heirs.
  • Division to be supervised by Kyela District Magistrate, village chairman, and secretary.