19710107 TZHC Mwanza2

19710107 TZHC Mwanza2

Albert, as the first son from the senior house, is the principal heir under Haya Customary Law, and the purported will was invalid to exclude him.

Citation
19710107 TZHC Mwanza2
Parties
Appellant (original Defendant): Bi. Yohana Marip Clarence; Respondent (original Plaintiff): Bi. Esteria For Hart
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 January 1971
Procedural Posture
Civil Appeal / High Court Appeal From District Court Decision
Outcome
Appeal dismissed. Judgment of the District Court affirmed.
Legal Topics
Customary Inheritance, Principal Heir Determination, Validity of Will
Source Language
English
Family Law Succession Law Customary Inheritance Principal Heir Determination Validity of Will

Case Brief

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Parties

Bi. Yohana Marip Clarence

Appellant (original Defendant)

Bi. Esteria For Hart

Respondent (original Plaintiff)

Procedural Posture

Civil Appeal / High Court Appeal From District Court Decision

Legal Issues

  1. 1 Whether the first son from the senior house is entitled to inherit as principal heir under Haya Customary Law
  2. 2 Whether the purported will validly excluded the principal heir

Ratio Decidendi

Albert, as the first son from the senior house, is the principal heir under Haya Customary Law, and the purported will was invalid to exclude him.

Court Disposition

Appeal dismissed. Judgment of the District Court affirmed.

Orders

  • Albert declared principal heir to the Kyato shamba
  • Will declared invalid for purposes of excluding principal heir