N

N

The appellant had no right to sell the portions of the shamba belonging to the 1st respondent and their late uncle; only his own inherited portion could be validly sold. Redemption by the 1st respondent is barred by limitation as he delayed action beyond the customary period.

Citation
N
Parties
Appellant: Nyiheha Bwire; Respondent: Kanwakabo Mulebi; Respondent: Deogratias Leonard
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1970
Procedural Posture
Civil Appeal / High Court Judgment
Outcome
Appeal partly allowed
Legal Topics
Redemption, Clan Property, Limitation Period
Source Language
English
Property Law Customary Law Redemption Clan Property Limitation Period

Case Brief

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Parties

Nyiheha Bwire

Appellant

Kanwakabo Mulebi

Respondent

Deogratias Leonard

Respondent

Procedural Posture

Civil Appeal / High Court Judgment

Legal Issues

  1. 1 Whether the appellant had the right to sell clan property including portions belonging to others
  2. 2 Whether the respondent is entitled to redemption of the property sold
  3. 3 Whether the limitation period bars redemption

Ratio Decidendi

The appellant had no right to sell the portions of the shamba belonging to the 1st respondent and their late uncle; only his own inherited portion could be validly sold. Redemption by the 1st respondent is barred by limitation as he delayed action beyond the customary period.

Court Disposition

Appeal partly allowed

Orders

  • No redemption by 1st respondent
  • The 2nd respondent to seek refund from the appellant for the value discrepancy