19730719 TZHC Mwanza
IN THE KiOH COURT OF TNi AT M.ANZ.4 (pc) CIVIL APPE4L No. 33 OF 1971 (From the decision of the District Cou.rt of Bakoba at Bukoba in Civil ppea1 No. 175 of 1970 before I.K. Machumu, Esq., D/M & Nhamba Fr.C. Civil Case No. 177/68) BI. AMERIJ K..AT.LNG. ............................ . , .......... PPELLANT versus 1,...
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- Citation
- 19730719 TZHC Mwanza
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 19 July 1973
- Source Language
- en
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IN THE KiOH COURT OF TNi AT M.ANZ.4 (pc) CIVIL APPE4L No. 33 OF 1971 (From the decision of the District Cou.rt of Bakoba at Bukoba in Civil ppea1 No. 175 of 1970 before I.K. Machumu, Esq., D/M & Nhamba Fr.C. Civil Case No. 177/68) BI. AMERIJ K..AT.LNG. ............................ . , .......... PPELLANT versus 1, ROBERT KJ4TNG.) ......a a ............., a ......a a. ......• . dESPONDENTS 2. HUBERT KATANG) JUDGEMLNT EL-KINDY, J.: Bi. Ameria d/. Katanga appealed against the District Court decision. She was maintaining that the distribution of the said property was unjst. The first respcnden -t, Robert Katanga supported her allegation, but the second respondent, Hubert Katanga, stood by the decision of the District Court. The evidence, inspite of whet the District Court purported to hold, showed that the deceased's estate was not fairly distributed when the lower court asked the elders to distribute the shambas and the land to the entitled inheritors. The appellant received the stonny and almost useless piece of land, while the other two respondents received the good and the well develop.- ed shambas. The distribution cannot be said to have been justly made. The award is set aside, and the case is remitted back to the Primary Court of C Nshamba with directions that the property should be distributed fairly and according to law. The appellant is awarded her full costs against the respondents. In event of dispute as to the amount to be paid, the District Court is authorised to assess reasonable costs against each respondent. Delivered at Mwanza on the 19th day of July, 1 973- / - J/•_/. I.. - ZN. El-K ndy 19th July, 1973. JUDGE ORDER: The parties should be notified the results of this appeal through POO their District Court of Bu.koba as they werormed. N. El-IincLy 19th July, 1973. JUDGE