19770722 TZHC Mwanza

19770722 TZHC Mwanza

There was no concrete evidence of a valid oral will or maintenance by the respondent, and the law does not permit inheritance by a person not descended from the deceased's father. The property remains clan property subject to distribution by the clan council.

Citation
19770722 TZHC Mwanza
Parties
Appellant: Coronli Mwaunca; Respondent: Bukoka Ruhongore
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 July 1977
Procedural Posture
Civil Appeal / Second Appeal (high Court)
Outcome
appeal allowed
Legal Topics
Inheritance, Clan Property, Oral Will, Guardianship
Source Language
English
Succession Customary Law Inheritance Clan Property Oral Will Guardianship

Case Brief

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Parties

Coronli Mwaunca

Appellant

Bukoka Ruhongore

Respondent

Procedural Posture

Civil Appeal / Second Appeal (high Court)

Legal Issues

  1. 1 Whether the respondent was entitled to inherit the shamba of the deceased under customary law
  2. 2 Whether there was a valid oral will in favour of the respondent
  3. 3 Whether the property vested in the respondent by reason of past litigation

Ratio Decidendi

There was no concrete evidence of a valid oral will or maintenance by the respondent, and the law does not permit inheritance by a person not descended from the deceased's father. The property remains clan property subject to distribution by the clan council.

Court Disposition

appeal allowed

Orders

  • The shamba remains clan property and is to be distributed to deserving clansmen by the clan council with the assistance of the primary court.
  • The respondent will bear the costs here and in both courts below.