20030403 TZHC Bukoba

20030403 TZHC Bukoba

The shamba was properly distributed to the respondents as per clan custom; no need for re-convening clan members for redistribution.

Citation
20030403 TZHC Bukoba
Parties
Appellant: Fidel Anaclet; Respondent: Kiyonga Bwiru; Respondent: Said Bampata; Respondent: George Leopold
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 April 2003
Procedural Posture
Civil Appeal / Second Appeal (high Court)
Outcome
appeal dismissed
Legal Topics
Inheritance, Clan Land Distribution
Source Language
English
Property Law Succession Law Inheritance Clan Land Distribution

Case Brief

Summary, issues, holding and outcome

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Parties

Fidel Anaclet

Appellant

Kiyonga Bwiru

Respondent

Said Bampata

Respondent

George Leopold

Respondent

Procedural Posture

Civil Appeal / Second Appeal (high Court)

Legal Issues

  1. 1 Whether the appellant was entitled to inherit the shamba instead of the respondents
  2. 2 Whether the distribution of the shamba to the respondents was proper under clan succession customs

Ratio Decidendi

The shamba was properly distributed to the respondents as per clan custom; no need for re-convening clan members for redistribution.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs