20020724 TZHC Dar es Salaam

20020724 TZHC Dar es Salaam

The respondent was either a customary or presumed wife of the deceased and thus an interested party entitled to letters of administration. Chagga customary law barring widows from administration is discriminatory and unconstitutional. The appellant was aware of the proceedings and had no valid complaint regarding service or denial of natural justice.

Citation
20020724 TZHC Dar es Salaam
Parties
Appellant: Naftal Joseph Kalalu; Respondent: Anjela Mashirima
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 July 2002
Procedural Posture
P.c. Civil Appeal / Second Appeal From District Court Decision
Outcome
Appeal dismissed with costs
Legal Topics
Letters of Administration, Customary Marriage, Presumed Marriage, Gender Discrimination, Inheritance Rights, Service of Process
Source Language
English
Family Law Succession Law Human Rights Law Letters of Administration Customary Marriage Presumed Marriage Gender Discrimination Inheritance Rights +1 more

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Parties

Naftal Joseph Kalalu

Appellant

Anjela Mashirima

Respondent

Procedural Posture

P.c. Civil Appeal / Second Appeal From District Court Decision

Legal Issues

  1. 1 Whether the respondent was a legal wife of the deceased and entitled to letters of administration
  2. 2 Whether the appellant was duly served and had the right to be heard
  3. 3 Whether Chagga customary law barring widows from administering estates is discriminatory and unconstitutional

Ratio Decidendi

The respondent was either a customary or presumed wife of the deceased and thus an interested party entitled to letters of administration. Chagga customary law barring widows from administration is discriminatory and unconstitutional. The appellant was aware of the proceedings and had no valid complaint regarding service or denial of natural justice.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal is dismissed
  • Costs awarded to the respondent