20130405 TZHC Dodoma

20130405 TZHC Dodoma

The appeal was dismissed because there was no sufficient evidence that the alleged child was the biological child of the deceased or that he was officially recognized or affiliated according to customary law, and the burden of proof was not met by the appellant.

Citation
20130405 TZHC Dodoma
Parties
Appellant: Joyce Hanson Kisamo; Respondent: Rose Lawson Hanson
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 April 2013
Procedural Posture
Probate Appeal / Second Appeal From District Court to High Court
Outcome
Appeal dismissed with costs
Legal Topics
Administration of Estate, Illegitimate Children Inheritance, Customary Law, Burden of Proof
Source Language
English
Probate Family Law Administration of Estate Illegitimate Children Inheritance Customary Law Burden of Proof

Case Brief

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Parties

Joyce Hanson Kisamo

Appellant

Rose Lawson Hanson

Respondent

Procedural Posture

Probate Appeal / Second Appeal From District Court to High Court

Legal Issues

  1. 1 Whether the child born out of wedlock should be included as a lawful heir in the deceased's estate
  2. 2 Whether the lower courts erred in excluding the alleged illegitimate child from the list of heirs
  3. 3 Whether the trial court erred in relying on family minutes and not summoning key witnesses

Ratio Decidendi

The appeal was dismissed because there was no sufficient evidence that the alleged child was the biological child of the deceased or that he was officially recognized or affiliated according to customary law, and the burden of proof was not met by the appellant.

Court Disposition

Appeal dismissed with costs

Orders

  • All four grounds of appeal rejected for lack of merit
  • Appeal dismissed with costs