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Tanzania Judgment

TZHC

20030331 TZHC Bukoba

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Source document

01

Holding and result

The will of the late John Kikwasi clearly bequeathed the property to the respondent in trust for the children, and the appellant's claim was unsupported and based on a forged document. The law and equity do not support the appellant's claim.

Court disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.

02

Material facts

Parties

Merchades Mujuni

Appellant

Adela Mujuni

Respondent

03

Procedural history

  1. Posture

    Civil Appeal / Final Appellate Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellant argued that the respondent should be removed from the shamba, claiming entitlement to the land based on a document allegedly written by the deceased.
Respondent
The respondent maintained that she inherited the shamba from her late husband John Kikwasi as per his will, and that the appellant's claim was based on a forged document.

05

Court’s reasoning

  1. 01

    general principles of succession law

    A valid will must be interpreted according to its clear terms, and property bequeathed in trust must be respected.

  2. 02

    general equitable principles

    Equity does not assist a party acting in bad faith or seeking to harass another through legal process.

06

Ratio, limits and disposition

Ratio decidendi

The will of the late John Kikwasi clearly bequeathed the property to the respondent in trust for the children, and the appellant's claim was unsupported and based on a forged document. The law and equity do not support the appellant's claim.

Obiter and limits

  • The appellant's actions in bringing criminal trespass proceedings were intended to harass the respondent.

Court disposition

appeal dismissed

  • Appeal dismissed with costs.

Source and reliance status

TZHC · 31 March 2003

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Judgment text

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Source document

TZHC

Judgment· 31 March 2003

20030331 TZHC Bukoba

.. . IN Ti-':E HIGH COlE1T OF Tl,NZANIA

AT BUKOBA (PC) CIVIL APP:GAL NO 171 OF 1994 (From the decision of the District Court of M:.ileba District at Muleba in Civil Appaal No 27 of 1994 @d original Civil CA.Se i·Jo 14 of 1994 Muleba Urban Primary Court., Fc/-,re: G., J. Kadasso, Esq. DM). HF~RCH!tDES MU,JUNI APPELLANT

VERSUS ADELA MUJ'JI\11 RESPONDENT

JUDGMENT . ~·~·•"--•.......,.,..,~ ~--- The appellant, Me~hades Mujuni, is on a ~~1i.d appeal •. He has lost in the two Courts below. The appellant sent the respondent to the primary Court of Muleba in Muleba asking that court to throw awsy the respondent Adela w/o Mujuni from a shamba she had inherited. from the late John Kikwasi, who was her husba..11d. lost the case. The late John Kikwasi had written a will. - The primary Court was in no difficult in interpreting The appell.:mt the Will. The appellant appealed to the District Court. Here, in a-. short judgment, before Mr Kadasso DH (z.s he then was), he lost the appealo He now appeals to this Court. The \·1ill is so loud and e].enr: The property th&t the appellant talks of, was given to tho respondent, in fact, in trust for seven children of the late deceas0dl In fa.ct, at the funeral, when the will was read out, the appellant .was present •. He stcyed mute •. It was just ctfter n few months, that he went to the respondent and showed her a forged document saying that the dete-~sed h,3.d written thd he (appellant) should c1.cquire the pieee of la..~d. t, 2 The ::.·ecord also shows tha.t the same appellant '1-:ent to the prime:ry Court and opened a ~ase of crimin2.l trespass 9 saying the..t the ::-Gspondent had encroached into his land. All that was meant to harrass the respondent. The appellant should forget about this piece of bndo Tl:e law, or even equity s is not on his side. The appeal is dismissedo It :is dismissed with costs.; ..,...!!""'

JUDGE Bukoba. 31st March 2003 •.. Appellant: ~~ present in person.. Respondent: -,-.,rre;a . •..,..,._...,.-., ·n present in person.

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