19770212 TZHC Mwanza
No cow was given as a gift; the appellant took the cattle on the condition that he would not own any offspring. Length of possession does not confer ownership under local custom.
Source-derived case information.
- Citation
- 19770212 TZHC Mwanza
- Parties
- Appellant: T J.p.I.; Respondent: Mijeindi Izabigul
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 12 February 1977
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Ownership of Cattle, Gift Vs Entrustment, Customary Practices
- Source Language
- english
Property Law Customary Law Ownership of Cattle Gift Vs Entrustment Customary Practices
Source-derived case record
Summary, issues, holding and outcome
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Parties
T J.p.I.
Appellant
Mijeindi Izabigul
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the head of cattle was given as a gift or entrusted
- 2 Whether the appellant acquired ownership of the offspring cattle
Ratio Decidendi
No cow was given as a gift; the appellant took the cattle on the condition that he would not own any offspring. Length of possession does not confer ownership under local custom.
Court Disposition
appeal dismissed
Orders
- Appellant to return three heads of cattle to respondent
Full Case Text
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