19870213 TZHC Mbeya

19870213 TZHC Mbeya

The appellant, as heir, was obliged to allocate a fair share of clan shambas to the respondent, and the concurrent findings of the lower courts based on credibility should not be disturbed.

Citation
19870213 TZHC Mbeya
Parties
Appellant: Lamusi Mkatale; Respondent: Jubeki s/o Mkatale
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 February 1987
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Inheritance, Distribution of Property, Clan Land Allocation
Source Language
English
Family Law Succession Inheritance Distribution of Property Clan Land Allocation

Case Brief

Summary, issues, holding and outcome

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Parties

Lamusi Mkatale

Appellant

Jubeki s/o Mkatale

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the appellant was obliged to allocate clan shambas to the respondent as his share of inheritance
  2. 2 Whether the respondent's claim should have been directed to his elder brother Lwitiko

Ratio Decidendi

The appellant, as heir, was obliged to allocate a fair share of clan shambas to the respondent, and the concurrent findings of the lower courts based on credibility should not be disturbed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs
  • Judgment to be sent to District Court of Rungwe at Tukuyu for reading to parties