19711211 TZHC Mwanza4

Ownership of the clan land remained with Mohamed after Mpanju redeemed and restored it without restrictions, entitling Mohamed to bequeath the land to the respondent.

Citation: 19711211 TZHC Mwanza4
Parties: Appellant: Cleophace Mashanshane; Respondent: Amina d/o Kayolve
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 11 December 1971
Procedural Posture: Civil Appeal / Final Appellate Judgment
Outcome: appeal dismissed
Legal Topics: Clan Land, Bequest, Redemption of Pledged Land, Succession
Source Language: English

Property Law Customary Law Clan Land Bequest Redemption of Pledged Land Succession

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Parties

Cleophace Mashanshane

Appellant

Amina d/o Kayolve

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

1 Whether the land redeemed by Mpanju became his property or reverted to Mohamed
2 Whether Mohamed could validly bequeath the land to the respondent under customary law

Ratio Decidendi

Ownership of the clan land remained with Mohamed after Mpanju redeemed and restored it without restrictions, entitling Mohamed to bequeath the land to the respondent.

Court Disposition

appeal dismissed

Orders

The appeal is dismissed with costs.