19711004 TZHC Mwanza
The trial court's judgment is restored because the appellant's claim was supported by credible, unchallenged evidence from clan witnesses, and the sale of the shamba without her consent or that of the clan elders was void under customary law.
- Citation
- 19711004 TZHC Mwanza
- Parties
- Appellant: Tibalikwenda Ilamaga; Respondent: Andrea Mulongo
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 4 October 1971
- Procedural Posture
- Civil Appeal / Final Appellate Judgment
- Outcome
- appeal allowed
- Legal Topics
- Inheritance, Sale of Inherited Property, Customary Law of the Haya Tribe
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Tibalikwenda Ilamaga
Appellant
Andrea Mulongo
Respondent
Procedural Posture
Civil Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the appellant was allotted a fixed share of the disputed shamba under inheritance
- 2 Whether the sale of the shamba to the respondent was valid under customary law
Ratio Decidendi
The trial court's judgment is restored because the appellant's claim was supported by credible, unchallenged evidence from clan witnesses, and the sale of the shamba without her consent or that of the clan elders was void under customary law.
Court Disposition
appeal allowed
Orders
- Judgment of the trial court restored
- Appellant to be given possession of the shamba forthwith
Full Case Text
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