19760127 TZHC Mwanza

19760127 TZHC Mwanza

The evidence established that the shamba was bequeathed to the respondent and not held in trust for the appellant, as females could not inherit clan land at the relevant time and the appellant's father gave her only coffee trees for her use.

Citation
19760127 TZHC Mwanza
Parties
Appellant: S. Silver; Respondent: Joseph N.O.
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 January 1976
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Inheritance of Clan Land, Trusts, Female Inheritance Rights
Source Language
English
Succession Property Inheritance of Clan Land Trusts Female Inheritance Rights

Case Brief

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Parties

S. Silver

Appellant

Joseph N.O.

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the respondent held the shamba in trust for the appellant
  2. 2 Whether the appellant was entitled to inherit the shamba

Ratio Decidendi

The evidence established that the shamba was bequeathed to the respondent and not held in trust for the appellant, as females could not inherit clan land at the relevant time and the appellant's father gave her only coffee trees for her use.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.