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
Source-derived case record
Summary, issues, holding and outcome
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Parties
Masota Masasila
Appellant
Meneja Mashimba
Respondent
Lucas Peleka
Respondent
Shimba Msangwa
Respondent
Procedural Posture
Civil Appeal / Second Appeal
Legal Issues
- 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.
Full Case Text
Judgment text and source record
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