19940204 TZHC Dar es Salaam

19940204 TZHC Dar es Salaam

The court held that the customary law barring women from bequeathing real property is repugnant to public policy and must be discarded. The late Asha Ligohalimu had the right to bequeath the suit land to her grandson, and thus passed good title to Fadhili Mohamed.

Citation
19940204 TZHC Dar es Salaam
Parties
Appellant: Fadhili Mohamed; Respondent: Shabani Unamis
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 February 1994
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Inheritance Under Customary Law, Bequest of Land, Gender Discrimination in Succession, Repugnancy to Public Policy
Source Language
English
Succession Customary Law Property Law Inheritance Under Customary Law Bequest of Land Gender Discrimination in Succession Repugnancy to Public Policy

Case Brief

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Parties

Fadhili Mohamed

Appellant

Shabani Unamis

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether a maternal nephew can inherit real property under Mapogoro customary law
  2. 2 Whether Rule 49 of the Local Customary Law Declaration bars women from bequeathing real property to certain relatives
  3. 3 Whether such customary law is repugnant to public policy

Ratio Decidendi

The court held that the customary law barring women from bequeathing real property is repugnant to public policy and must be discarded. The late Asha Ligohalimu had the right to bequeath the suit land to her grandson, and thus passed good title to Fadhili Mohamed.

Court Disposition

Appeal allowed

Orders

  • Appellate judgment of the District Court set aside
  • Judgment of the trial Primary Court restored