19860506 TZHC Dar es Salaam

19860506 TZHC Dar es Salaam

Customary law applies to inheritance in this case as the deceased did not marry under Islamic law and followed Zaramo customs; the respondent is entitled to inherit as the child of the deceased. Failure to allow cross-examination did not occasion a miscarriage of justice.

Source-derived case information.

Citation
19860506 TZHC Dar es Salaam
Parties
Appellant: Juma Selemani; Respondent: Rehema Kambi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 May 1986
Procedural Posture
Probate and Administration / Appeal Judgment
Outcome
appeal dismissed with costs
Legal Topics
Inheritance, Customary Law, Islamic Law, Legitimacy of Children
Source Language
english
Family Law Succession Law Inheritance Customary Law Islamic Law Legitimacy of Children

Source-derived case record

Summary, issues, holding and outcome

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Parties

Juma Selemani

Appellant

Rehema Kambi

Respondent

Procedural Posture

Probate and Administration / Appeal Judgment

Legal Issues

  1. 1 Whether a child born out of wedlock is entitled to inherit under Islamic or customary law
  2. 2 Whether failure to allow cross-examination renders proceedings a nullity

Ratio Decidendi

Customary law applies to inheritance in this case as the deceased did not marry under Islamic law and followed Zaramo customs; the respondent is entitled to inherit as the child of the deceased. Failure to allow cross-examination did not occasion a miscarriage of justice.

Court Disposition

appeal dismissed with costs

Orders

  • leave to appeal to Court of Appeal granted on two points of law