19700430 TZHC Mwanza5

19700430 TZHC Mwanza5

The respondent, as the legitimate child of William, is entitled to inherit the shamba in place of her brother Rwechungura, who was disqualified by illegitimacy. The appellant was only named as guardian and did not have beneficial interest.

Citation
19700430 TZHC Mwanza5
Parties
Appellant: Hubert Tibanyeiwa; Respondent: Adventila William
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 April 1970
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Inheritance, Legitimacy of Heirs, Wills and Guardianship
Source Language
English
Succession Law Customary Law Inheritance Legitimacy of Heirs Wills and Guardianship

Case Brief

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Parties

Hubert Tibanyeiwa

Appellant

Adventila William

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the respondent is entitled to inherit the shamba as the legitimate offspring after her brother was declared illegitimate
  2. 2 Whether the appellant, as guardian named in the will, is entitled to the beneficial interest in the shamba

Ratio Decidendi

The respondent, as the legitimate child of William, is entitled to inherit the shamba in place of her brother Rwechungura, who was disqualified by illegitimacy. The appellant was only named as guardian and did not have beneficial interest.

Court Disposition

appeal dismissed

Orders

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