19890817 TZHC Tanga
The shamba was sold after clan consultation and consent; respondent's objection was not specific to a portion; sale valid as clan consented; appeal allowed.
- Citation
- 19890817 TZHC Tanga
- Parties
- Appellant: Halima Bendera; Appellant: Sefu Mahad; Appellant: Julius Fillipo; Respondent: Evjiline
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 17 August 1989
- Procedural Posture
- Civil Appeal / Final Judgment
- Outcome
- appeal allowed
- Legal Topics
- Clan Land Redemption, Female Rights Under Customary Law, Sale of Clan Property
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Halima Bendera
Appellant
Sefu Mahad
Appellant
Julius Fillipo
Appellant
Evjiline
Respondent
Procedural Posture
Civil Appeal / Final Judgment
Legal Issues
- 1 Whether a female clan member can sue for redemption of clan land
- 2 Whether the sale of clan land by a female was valid under customary law
- 3 Whether clan consultation was sufficient for sale of clan land
Ratio Decidendi
The shamba was sold after clan consultation and consent; respondent's objection was not specific to a portion; sale valid as clan consented; appeal allowed.
Court Disposition
appeal allowed
Orders
- Appeal allowed with costs.
Full Case Text
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