19720822 TZHC Mwanza

19720822 TZHC Mwanza

The respondent, as son of Kubega's sister, was more closely related and entitled to inherit under matrilineal custom; district court's reliance on patrilineal charts was erroneous.

Citation
19720822 TZHC Mwanza
Parties
Appellant: Mayengo s/o Dsana; Respondent: Kisese s/o Japnga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 August 1972
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Matrilineal Inheritance, Bridewealth, Entitlement to Dowry
Source Language
English

Case Brief

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Parties

Mayengo s/o Dsana

Appellant

Kisese s/o Japnga

Respondent

Procedural Posture

Civil Appeal / Second Appeal

  1. 1 Entitlement to dowry paid for late Kubega's daughter
  2. 2 Determination of rightful heir under matrilineal succession

Ratio Decidendi

The respondent, as son of Kubega's sister, was more closely related and entitled to inherit under matrilineal custom; district court's reliance on patrilineal charts was erroneous.

Court Disposition

appeal dismissed

Orders

  • Each party to bear own costs of appeal