19710107 TZHC Mwanza2

-- Li f i IN THE HIGH COURT OF TINZiNIP (IN THE DISTRICT RhGISTHY.) T 14,4I1NZL. (pc) CIVIL iPPEcL NO. Tj OF 1970. ~ (From the decision of the District Court of Bukoba District at Bukba in Civil Jppea No.33 of 1970. Original Civil Case lTo,79 of 1969 of the Buhenangab Primary Court.) El. YOHLN11, MARIP CLL?IIDNCE?O . . . . . Ir . . . . LPPh;LLLNT(Orig,Dcfendant.) DI, ETE:RIL: FOR IL&RT. • •• VC • ciDENTOrig.Plaintiff.)

L TAN • 0 c.- 32

JUD IMENT S, DAR the prscnt Ctr-.U4 QLna in the Buhn.i i clangabo priimary conrt claiming, (on behalf of her son. J1bcrt) a siiamia 11i Kyato area. From the evidence it is clear that the respondent and the appellant icre married to one Clemonce. Clamonoc died some years ago leaving aras of lend to be dividod to his heirs. There is no dispute M that Bi.Escria is The first wife of the, deceased. Pier is there any dispute tht Llbcrt is the first son of the deceased by Bi E?stria, his first wife!. Bi,Lste:ia argued in the primary court that by virtue of Hay Customay Law her son 1b.'!rt was entitled to ba tjic principal hair and inherit the shamba in which his' father was buried. /B. Yoh.ana on the other hand argued that the Kyato shamba was given to bL is son Constantine by virtue of the deceased's will. -he 'primary court magistrate in his judgraent held the alleged will to b invalid and would have given judgment in favour of Bi.Estoria but for ta fact that his was a minority opinion and as such he had to comply with the o;inion of the assessors who found in favour of Bi.Yohaie. On apeal to the district court the decision of the primary court set acide and judgment was entered in favohr of Bi.Estoria. I 'Dissat- isfiod with the district court ju';mcnt Bi.Yohana has now coma to this court. Questions of inheritance -ihora Customary Law is mv olvd dvk by Laws of Inheritance G0N.1 7

0.436/63. Section 19 of this Coy rnmcnt Piotico is to the effect that - Tic principal heir of the deceased is his first son from the senior'houso, - If th d:ceas,d 1ut no 'son of t1v. sonin' house, his eldest bOrn -son of any house will be his :n'irlc)4:'a1 hc,.ir." Ls ther is no argument in this case that £lbort is the first son of the decease from his senior house, Libert is, unless reason to the contrary is sho the principal heir of his father's property. Bi,Ychana produced tc the rimary court a d.ocuiment wnich she purported to be the last will of the accasod. The will tends to show that the deceased excluded lbort . the rincipal heir. The primary court magistrate as well as the disrict 1 1, - - - - .- ;-.- -_••;_ -----.---.--- -- I 5fJ N) 'L6t O1tt3f jo .&ep tnL stun. 03 SSOO tDtT DAtJ O. St qUopuOdJoI CTJJ °T-TJ DtOJOIO. [?OCIC2 Z)T 'pDqdn iqoto n pus pirnos St UOWPfl s T tw otstp oqu •jciocioid sotq. sti jo O)tSfl1 cYq. it)I Ut S 'T odoiI S c1fl.SJ Sttj j ot TouTIc otj. si DH .pousToLm I sutwox aTDTI TedTOUlaict. se I.qTJ Jo uotsod DqT 7011 C SQ Pue PTTUT se 'udcT uosrd otq! ~ l owe tl ol ta q pooipod toumoop DILL 0 StflX Jo Ott t U3 DT. IOJ S'TOSeOt nvololsjns Utt .ttOtfltM t.IOtIUt O. pDfltUD tIOSIDCT 1ot(UTSTp OUtSO - SM .t OT1SSI Ut soi, DT1STp J[tWtS S UOtT1M Ut 1 10 TOOT ° aSqO 3rna 'Zfl TSE ZJ)L.!4)I 1 9 Oit JO MSr[ Oq 30 UOtODS .q pOlTflbDX SO OS OS .tOSOJdXO OtX

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