1921027 TZHC Mwanza

1921027 TZHC Mwanza

The will relied upon by the respondent was invalid as it was witnessed by only one clan member, contrary to legal requirements. The appellant, as the only child of the original owner, was entitled to undisturbed possession of the land for her lifetime under customary law, as there was no valid disposition to the respondent and she had usufructuary rights.

Citation
1921027 TZHC Mwanza
Parties
Appellant: Elizabeth Kolyenda; Respondent: Gabriel Babansa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1971
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal allowed
Legal Topics
Clan Land Inheritance, Women's Rights to Land, Validity of Customary Wills
Source Language
English
Customary Law Inheritance Law Clan Land Inheritance Women's Rights to Land Validity of Customary Wills

Case Brief

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Parties

Elizabeth Kolyenda

Appellant

Gabriel Babansa

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether a woman can inherit clan land under Haya customary law
  2. 2 Validity of a will witnessed by only one clan member for an illiterate testator
  3. 3 Whether the appellant is entitled to possession of the disputed land

Ratio Decidendi

The will relied upon by the respondent was invalid as it was witnessed by only one clan member, contrary to legal requirements. The appellant, as the only child of the original owner, was entitled to undisturbed possession of the land for her lifetime under customary law, as there was no valid disposition to the respondent and she had usufructuary rights.

Court Disposition

appeal allowed

Orders

  • Appellant to have possession of the land for her lifetime.
  • On appellant's death, title to devolve as per law.