19741009 TZHC Mwanza

19741009 TZHC Mwanza

The appellant, having inherited Herman's property, is liable to pay the debt owed by Herman to the respondent. The sale of the inherited property is justified to satisfy the debt, and installment payments are not appropriate given the appellant's means and the size of the debt.

Citation
19741009 TZHC Mwanza
Parties
Appellant: Peter s/o John; Respondent: Richard Barongo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 October 1974
Procedural Posture
Civil Appeal / Judgment on Second Appeal
Outcome
appeal dismissed
Legal Topics
Debt Recovery From Estate, Customary Inheritance, Execution of Judgment
Source Language
English
Civil Law Succession Law Debt Recovery From Estate Customary Inheritance Execution of Judgment

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Parties

Peter s/o John

Appellant

Richard Barongo

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the respondent is entitled to recover money spent on Herman from the appellant who inherited Herman's property
  2. 2 Whether the Primary Court's order allowing installment payments was proper

Ratio Decidendi

The appellant, having inherited Herman's property, is liable to pay the debt owed by Herman to the respondent. The sale of the inherited property is justified to satisfy the debt, and installment payments are not appropriate given the appellant's means and the size of the debt.

Court Disposition

appeal dismissed

Orders

  • Sale of inherited property to continue unless appellant pays respondent shs. 6,280/50 by December 20th, 1974
  • Appellant to pay costs, to be taxed by the District Registrar