20150929 TZHC Arusha

20150929 TZHC Arusha

The appellant, having left the marriage for over thirty years and not residing in the claimed matrimonial house, is not entitled to it. The inventory and distribution of the estate were fair, and no substantial contribution by the appellant was proven. The appeal lacks merit and is dismissed.

Citation
20150929 TZHC Arusha
Parties
Appellant: Naishie Christopher; Respondent: Stephen N. Mollel
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 September 2015
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Inheritance, Matrimonial Property, Distribution of Deceased Estate
Source Language
English
Family Law Succession Law Inheritance Matrimonial Property Distribution of Deceased Estate

Case Brief

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Parties

Naishie Christopher

Appellant

Stephen N. Mollel

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant is entitled to the matrimonial house as part of the deceased estate
  2. 2 Whether the inventory and distribution of the estate was fair and lawful

Ratio Decidendi

The appellant, having left the marriage for over thirty years and not residing in the claimed matrimonial house, is not entitled to it. The inventory and distribution of the estate were fair, and no substantial contribution by the appellant was proven. The appeal lacks merit and is dismissed.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.