20120918 TZHC Mwanza

20120918 TZHC Mwanza

The respondent, as the widow who contributed to the construction of the matrimonial house, is entitled to inherit the house, and only the deceased's share should be listed in the estate, not the whole house.

Citation
20120918 TZHC Mwanza
Parties
Appellant: Justina Samwel Fuko; Respondent: Leah Mbeshi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 September 2012
Procedural Posture
Probate and Administration Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Inheritance, Matrimonial Property, Childless Widow's Rights
Source Language
English
Family Law Succession Law Customary Law Inheritance Matrimonial Property Childless Widow's Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Justina Samwel Fuko

Appellant

Leah Mbeshi

Respondent

Procedural Posture

Probate and Administration Appeal / Final Judgment

Legal Issues

  1. 1 Whether a childless widow is entitled to inherit matrimonial property
  2. 2 Whether the entire matrimonial house should be included in the deceased's estate

Ratio Decidendi

The respondent, as the widow who contributed to the construction of the matrimonial house, is entitled to inherit the house, and only the deceased's share should be listed in the estate, not the whole house.

Court Disposition

appeal dismissed

Orders

  • decision of both courts below awarding the house to the respondent upheld
  • appeal dismissed with costs