19800619 TZHC Bukoba
The sale of the clan land by the respondent, with the permission of the clan members, was legal and binding.
Source-derived case information.
- Citation
- 19800619 TZHC Bukoba
- Parties
- Appellant: Jeremia Mfuruki; Respondent: Unnamed Respondent (female)
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 19 June 1980
- Procedural Posture
- Civil Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Sale of Inherited Land, Women's Rights in Customary Law, Clan Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jeremia Mfuruki
Appellant
Unnamed Respondent (female)
Respondent
Procedural Posture
Civil Appeal / Second Appeal
Legal Issues
- 1 Whether a woman can legally sell inherited clan land with the permission of clan members under customary law
Ratio Decidendi
The sale of the clan land by the respondent, with the permission of the clan members, was legal and binding.
Court Disposition
appeal dismissed
Orders
- judgment of the appellate court upholding the trial court is confirmed
- costs awarded to the respondent
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT. OF TANZiNIA T.B,UKOBk S ' APPELLATE JURISDICTION (c) CIVIL APPEMJ, NO.:'96 OF .1979 (From the decision of the District .Cøurt of Eukoa.Dist1ct t:B1lk0 in Civil Appeal Noor 193 of 1978 - Befo:e Ac 'N. Russeta, Esq., District Magistrate and Korekelo. Primary Court Oriinal Civil Case 'No60/77) JEREMIA- IvIFU.RUKI. •.. • . • • •- • t.'..-. , 0..,.;.'.:.'., •'...;•.'. '0 , 0 .....APPELI,ANT Versus -. 1T Qrcm"o -r' rn -' nf D' -1QDcMfl - JJ.1 LJJL1.LZ%' ii JUDGMENT RU.BkM,'. J. The respondent had inherited oan land which she later sold to another person after obainihg permiLssion of the clan members. The appellant' instituted'ooiirt j±'oceedings :Iflaifltaifliflg that as the responden:t was a woman she could not legally sell the inherited land. She was only entitled' to use the lahd during her life time. The trial court found that as th respondèht had sold the land with the permission of the clan n'iembers the sale was legal and bind1n This decisionwas bonfihied by the first appellate court. This is a' seóh1 appeali Bearing ifi mind the evidence on rôord and noting that the 4pellani did not intnd to 'redeem' sold c1a lana, 'the sale of the said clan lana by •bhe respondent.'with the permission of the clan Members wag lealanci bindings The appear i thus withoi.it merit and i-8 adoordingly dibmissed With costs he judgment of the appellate: court upholding that of the trial court is hereby confirmed. .7- BUKO'Ba - , YAHYA RUBA1A 9i6'/80 ' ' S "• " ___ " '