19810515 TZHC Mwanza

19810515 TZHC Mwanza

The shamba was not clan property as it had not been inherited but was acquired by the 1st respondent from Nyarubanja tenure; therefore, it was not available for redemption by the appellant or anyone else.

Citation
19810515 TZHC Mwanza
Parties
Appellant: Ernsst Sukhel; Respondent: Bashabi Ndyaiviuma; Respondent: Salum Mukela; Respondent: Skmhil Lugej
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 May 1981
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Clan Property, Redemption of Land, Sale Without Consent
Source Language
English
Property Law Clan Property Redemption of Land Sale Without Consent

Case Brief

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Parties

Ernsst Sukhel

Appellant

Bashabi Ndyaiviuma

Respondent

Salum Mukela

Respondent

Skmhil Lugej

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the shamba in dispute is clan property and thus available for redemption by the appellant
  2. 2 Whether the sale of the shamba without clan consent is valid

Ratio Decidendi

The shamba was not clan property as it had not been inherited but was acquired by the 1st respondent from Nyarubanja tenure; therefore, it was not available for redemption by the appellant or anyone else.

Court Disposition

appeal dismissed

Orders

  • No order for costs as the 2nd and 3rd respondents did not appear