19700430 TZHC Mwanza3

19700430 TZHC Mwanza3

The respondent, as the legitimate child, is entitled to inherit the share which her brother would have received, since he was disqualified by illegitimacy, and the appellant was only named as guardian, not beneficiary.

Citation
19700430 TZHC Mwanza3
Parties
Appellant: Hubert Tibanyeiwa; Respondent: Adventil William
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 April 1970
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Inheritance, Legitimacy, Customary Law
Source Language
English
Family Law Succession Law Inheritance Legitimacy Customary Law

Case Brief

Summary, issues, holding and outcome

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Parties

Hubert Tibanyeiwa

Appellant

Adventil William

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the respondent is entitled to inherit the disputed shamba as the legitimate offspring after her brother was declared illegitimate
  2. 2 Whether the appellant is entitled to the shamba as guardian or beneficiary under the will

Ratio Decidendi

The respondent, as the legitimate child, is entitled to inherit the share which her brother would have received, since he was disqualified by illegitimacy, and the appellant was only named as guardian, not beneficiary.

Court Disposition

appeal dismissed

Orders

  • Appellant to pay costs of today's hearing to the respondent