19881125 TZHC Dar es Salaam4

The appellate court found no reason to upset the decisions of the lower courts, which were based on credible and reliable evidence supporting the respondent's claim to the property.

Citation: 19881125 TZHC Dar es Salaam4
Parties: Appellant: Samuel Jefrol Swini; Respondent: Hibibe
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 25 November 1988
Procedural Posture: Civil Appeal / Second Appeal
Outcome: appeal dismissed
Legal Topics: Inheritance, Clan Property Rights
Source Language: English

Property Law Inheritance Clan Property Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Samuel Jefrol Swini

Appellant

Hibibe

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

1 Whether the appellant is entitled to the disputed shamba by inheritance from his deceased mother
2 Whether the evidence presented by the appellant and respondent supports their respective claims

Ratio Decidendi

The appellate court found no reason to upset the decisions of the lower courts, which were based on credible and reliable evidence supporting the respondent's claim to the property.

Court Disposition

appeal dismissed

Orders

Judgment of the primary court affirmed