19921022 TZCA Mwanza2

19921022 TZCA Mwanza2

Redemption of the mortgaged shamba by the respondent did not confer ownership as the mortgage deeds lacked the necessary conditions under Haya customary law; possession alone does not confer title; inheritance should be equitably distributed by the clan council among the appellants as the respondent already inherited other plots; limitation period had not expired as adverse possession began only in 1982.

Citation
19921022 TZCA Mwanza2
Parties
Appellants: Didas Rwakakile and 3 others; Respondent: Thomas Matondane
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 October 1992
Procedural Posture
Civil Appeal / Court of Appeal, Third Appeal
Outcome
Appeal allowed with costs
Legal Topics
Inheritance, Mortgage Redemption, Family Tenure, Limitation of Proceedings
Source Language
English
Customary Law Succession Property Law Inheritance Mortgage Redemption Family Tenure Limitation of Proceedings

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Parties

Didas Rwakakile and 3 others

Appellants

Thomas Matondane

Respondent

Procedural Posture

Civil Appeal / Court of Appeal, Third Appeal

Legal Issues

  1. 1 Whether redemption of mortgaged land under Haya customary law confers ownership
  2. 2 Whether continuous possession confers title
  3. 3 Who is entitled to inherit land of a childless intestate under Haya customary law

Ratio Decidendi

Redemption of the mortgaged shamba by the respondent did not confer ownership as the mortgage deeds lacked the necessary conditions under Haya customary law; possession alone does not confer title; inheritance should be equitably distributed by the clan council among the appellants as the respondent already inherited other plots; limitation period had not expired as adverse possession began only in 1982.

Court Disposition

Appeal allowed with costs

Orders

  • Shamba of Karabo to be inherited by the appellants
  • Clan council and Primary Court Magistrate to partition the shamba between the first and second appellants on one hand, and the third and fourth appellants on the other