19760414 TZHC Bukoba
The suit shamba was not clan property because it was acquired by the respondent's predecessor through consideration and not inheritance; therefore, it is not subject to customary rules of redemption.
- Citation
- 19760414 TZHC Bukoba
- Parties
- Appellant: Joseph Hillyai; Respondent: E. Kabimba s/o Telkinegi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 14 April 1976
- Procedural Posture
- Civil Appeal / Appellate Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Redemption of Land, Clan Property, Customary Tenure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Joseph Hillyai
Appellant
E. Kabimba s/o Telkinegi
Respondent
Procedural Posture
Civil Appeal / Appellate Judgment
Legal Issues
- 1 Whether the suit shamba is clan property subject to redemption under customary law
Ratio Decidendi
The suit shamba was not clan property because it was acquired by the respondent's predecessor through consideration and not inheritance; therefore, it is not subject to customary rules of redemption.
Court Disposition
appeal dismissed
Orders
- Judgment of the District Court upheld
- Appellant's appeal dismissed with costs
Full Case Text
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