20060711 TZHC Mwanza

20060711 TZHC Mwanza

The appellant is not entitled to inherit from his maternal grandfather's estate because customary law dictates inheritance follows the paternal line; entitlement is through the father's or paternal grandfather's estate.

Source-derived case information.

Citation
20060711 TZHC Mwanza
Parties
Appellant: Masota Masasila; Respondent: Meneja Mashimba; Respondent: Lucas Peleka; Respondent: Shimba Msangwa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 July 2006
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Inheritance Rights, Customary Succession, Entitlement of Grandchildren
Source Language
english
Succession Customary Law Inheritance Rights Customary Succession Entitlement of Grandchildren

Source-derived case record

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 1 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Masota Masasila

Appellant

Meneja Mashimba

Respondent

Lucas Peleka

Respondent

Shimba Msangwa

Respondent

Procedural Posture

Civil Appeal / Second Appeal

  1. 1 Whether the appellant is entitled to inherit from his maternal grandfather's estate under customary law

Ratio Decidendi

The appellant is not entitled to inherit from his maternal grandfather's estate because customary law dictates inheritance follows the paternal line; entitlement is through the father's or paternal grandfather's estate.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.