19760430 TZHC Arusha

19760430 TZHC Arusha

Customary law prohibits daughters from inheriting clan property where there are male heirs; the case was determined under customary law, and there is no basis to apply Islamic law as it was not pleaded at the outset.

Citation
19760430 TZHC Arusha
Parties
Appellant: H. J. Haji; Respondent: Yusuf Haji
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 April 1976
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Inheritance, Distribution of Estate, Customary Succession Rules
Source Language
English
Succession Law Customary Law Inheritance Distribution of Estate Customary Succession Rules

Case Brief

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Parties

H. J. Haji

Appellant

Yusuf Haji

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether daughters can inherit clan property where there are male heirs under customary law
  2. 2 Whether Islamic law should apply to the distribution of the estate

Ratio Decidendi

Customary law prohibits daughters from inheriting clan property where there are male heirs; the case was determined under customary law, and there is no basis to apply Islamic law as it was not pleaded at the outset.

Court Disposition

Appeal dismissed

Orders

  • Judgment of the District Court endorsed with specification that each appellant be given use of land accordingly
  • No order as to costs