19890928 TZHC Dar es Salaam

19890928 TZHC Dar es Salaam

Under Islamic law, the respondent as full sister is entitled to half the estate as a sharer, appellants as residuaries take the remaining half; male appellant receives twice the share of female siblings. In the land dispute, appellant's ownership ceased upon government acquisition and compensation; no evidence supports compensation for destroyed crops.

Citation
19890928 TZHC Dar es Salaam
Parties
Appellant: Dachi Abdullah Dachi; Appellant: Tatu Abdullah Dachi; Respondent: Shueba Tatu Abdullah Dachi; Respondent: Hamidu Dachi; Appellant: Shamte Abdallah Mkamba; Respondent: Masudy Mwinda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 September 1989
Procedural Posture
Civil Appeal / Second Appellate Court
Outcome
Appeals dismissed; estate distribution remitted; costs awarded.
Legal Topics
Islamic Inheritance, Land Ownership, Compensation for Crops
Source Language
English
Succession Property Islamic Inheritance Land Ownership Compensation for Crops

Case Brief

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Parties

Dachi Abdullah Dachi

Appellant

Tatu Abdullah Dachi

Appellant

Shueba Tatu Abdullah Dachi

Respondent

Hamidu Dachi

Respondent

Shamte Abdallah Mkamba

Appellant

Masudy Mwinda

Respondent

Procedural Posture

Civil Appeal / Second Appellate Court

Legal Issues

  1. 1 Entitlement to inheritance under Islamic law
  2. 2 Ownership of land after government acquisition
  3. 3 Compensation for destroyed crops

Ratio Decidendi

Under Islamic law, the respondent as full sister is entitled to half the estate as a sharer, appellants as residuaries take the remaining half; male appellant receives twice the share of female siblings. In the land dispute, appellant's ownership ceased upon government acquisition and compensation; no evidence supports compensation for destroyed crops.

Court Disposition

Appeals dismissed; estate distribution remitted; costs awarded.

Orders

  • Record remitted to trial primary court for estate distribution as indicated.
  • Registrar directed to send case file to District Court of Rufiji at Utete for delivery of judgment to parties.