mericksedeki edward vs agnes neckemia 2020 tzhc 4264 11 december 2020

mericksedeki edward vs agnes neckemia 2020 tzhc 4264 11 december 2020

The appellant failed to prove that the disputed land was lawfully bequeathed to him by his grandfather. The respondent, as a daughter, has a constitutional and statutory right to inherit and occupy her father's land. Customary law barring women from inheriting land is unconstitutional and cannot override statutory and constitutional provisions guaranteeing gender equality in land ownership.

Citation
mericksedeki edward vs agnes neckemia 2020 tzhc 4264 11 december 2020
Parties
Appellant: Mericksedeki Edward; Respondent: Agnes Neckemia
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 December 2020
Procedural Posture
Misc. Land Case Appeal / Judgment on Second Appeal From District Land and Housing Tribunal
Outcome
Appeal dismissed
Legal Topics
Inheritance of Land, Gender Equality in Land Ownership, Customary Law Vs Statutory Law, Rights of Daughters to Inherit Land
Source Language
English
Land Law Customary Law Constitutional Law Inheritance of Land Gender Equality in Land Ownership Customary Law Vs Statutory Law Rights of Daughters to Inherit Land

Case Brief

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Parties

Mericksedeki Edward

Appellant

Agnes Neckemia

Respondent

Procedural Posture

Misc. Land Case Appeal / Judgment on Second Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal's judgment was reasoned and lawful
  2. 2 Whether the respondent, as a daughter, has the right to inherit her father's land under Tanzanian law
  3. 3 Whether the appellant was lawfully bequeathed the disputed land by his grandfather

Ratio Decidendi

The appellant failed to prove that the disputed land was lawfully bequeathed to him by his grandfather. The respondent, as a daughter, has a constitutional and statutory right to inherit and occupy her father's land. Customary law barring women from inheriting land is unconstitutional and cannot override statutory and constitutional provisions guaranteeing gender equality in land ownership.

Court Disposition

Appeal dismissed

Orders

  • Respondent retains ownership and occupation of the disputed land
  • Appellant to vacate the disputed land as soon as possible