19750327 TZHC Mwanza

Appellant cannot claim inheritance rights over property while her father is alive; the sale was by the acknowledged owner, not the aunt; redemption is allowed under set conditions.

Citation: 19750327 TZHC Mwanza
Parties: Appellant: Zuliath Mustapha; Respondent: Asiat Selemani; Respondent: Balthazary Gabriel
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 27 March 1975
Procedural Posture: Civil Appeal / Second Appeal
Outcome: appeal dismissed
Legal Topics: Inheritance, Sale of Land, Redemption of Property
Source Language: English

Property Law Succession Law Inheritance Sale of Land Redemption of Property

Case Brief

Summary, issues, holding and outcome

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Parties

Zuliath Mustapha

Appellant

Asiat Selemani

Respondent

Balthazary Gabriel

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

1 Whether the appellant has a right to claim the shamba before the death of her father
2 Whether the sale of the shamba by the aunt was valid
3 Whether the appellant can redeem the shamba

Ratio Decidendi

Appellant cannot claim inheritance rights over property while her father is alive; the sale was by the acknowledged owner, not the aunt; redemption is allowed under set conditions.

Court Disposition

appeal dismissed

Orders

Appellant to pay respondents' costs of the appeal