clementina tawete vs devota m matembo 2008 tzhc 261 2 september 2008

clementina tawete vs devota m matembo 2008 tzhc 261 2 september 2008

The appellant was not entitled to inherit from the deceased's estate because her marriage to another man under Christian law was still subsisting at the time of the deceased's death, and there is no law in Tanzania granting inheritance rights to a concubine or cohabitee in such circumstances.

Citation
clementina tawete vs devota m matembo 2008 tzhc 261 2 september 2008
Parties
Appellant: Clementina Tawete; Respondent: Devota M. Matembo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 September 2008
Procedural Posture
Probate and Administration Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Probate, Inheritance Rights, Status of Cohabitees, Christian Marriage, Capacity to Inherit
Source Language
English
Family Law Succession Law Probate Inheritance Rights Status of Cohabitees Christian Marriage Capacity to Inherit

Case Brief

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Parties

Clementina Tawete

Appellant

Devota M. Matembo

Respondent

Procedural Posture

Probate and Administration Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant is entitled to inherit from the deceased's estate as a beneficiary despite being in a subsisting Christian marriage with another man
  2. 2 Whether the District Court erred in dismissing the appellant's application for recognition as a beneficiary

Ratio Decidendi

The appellant was not entitled to inherit from the deceased's estate because her marriage to another man under Christian law was still subsisting at the time of the deceased's death, and there is no law in Tanzania granting inheritance rights to a concubine or cohabitee in such circumstances.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • District Court orders upheld