19770101 TZHC Mwanza
Fidelis Kasomi had no title or capacity to sell the shamba, which was vested in Faustin Fidelis Kasomi by clan elders; the sale was invalid and the purchaser is entitled to a refund from Fidelis Kasomi.
- Citation
- 19770101 TZHC Mwanza
- Parties
- Appellant: Christopher Kazinja; Respondent: Longino Ishengoma; Third Party: Fidelis Kasomi; Beneficiary: Faustin Fidelis Kasomi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 1977
- Procedural Posture
- Civil Appeal / Final Appellate Judgment
- Outcome
- appeal allowed
- Legal Topics
- Inheritance, Capacity to Sell Clan Land, Redemption of Clan Property
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Christopher Kazinja
Appellant
Longino Ishengoma
Respondent
Fidelis Kasomi
Third Party
Faustin Fidelis Kasomi
Beneficiary
Procedural Posture
Civil Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether Fidelis Kasomi had capacity to sell the clan shamba inherited by Faustin Fidelis Kasomi
- 2 Whether the sale of the shamba was valid under customary law
- 3 Whether the purchaser is entitled to a refund of the purchase price
Ratio Decidendi
Fidelis Kasomi had no title or capacity to sell the shamba, which was vested in Faustin Fidelis Kasomi by clan elders; the sale was invalid and the purchaser is entitled to a refund from Fidelis Kasomi.
Court Disposition
appeal allowed
Orders
- Appellant is entitled to refund of purchase money and money for improvements from Fidelis Kasomi.
- Appellant awarded costs.
Full Case Text
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