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Tanzania decisions
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The suit was time-barred as it was filed 15 years after the cause of action arose, exceeding the six-year limitation period under the applicable rules. Ignorance of the law and inability to locate the respondent do not excuse late filing. The lower courts correctly raised and determined the limitation issue, affording parties the right to be heard.
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The will was invalid as the reasons for disinheritance did not meet the legal threshold under customary law, and the respondent was not given an opportunity to defend herself; further, the will was not properly admitted as evidence in the Primary Court, rendering the appellant's appointment as administrator void.
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Appellant has no locus standi as he is not a lawful heir under customary law; only surviving sibling (respondent) is entitled to inherit. Revocation not warranted as respondent acted within law.
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The sale agreement made in 1967 between the appellant and Galihomali was valid under Haya Customary Law, as it was witnessed by clan members and did not require village council approval or the vendor's wife's involvement at that time; thus, the appellant is the lawful owner of the suit land.
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The appeal was dismissed because the District Land & Housing Tribunal did not interfere with the Probate Court's jurisdiction, properly considered the evidence and assessors' opinions, did not improperly apply adverse possession, and the respondent proved ownership through customary inheritance. The appellant failed to establish that the disputed land was part of the deceased's estate subject to distribution.
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High Court appeal over probate distribution dismissed. The court upheld customary-law administration of a polygamous estate and found no fatal procedural irregularity.
The High Court held the appellant had no cause of action to recover bride price, affirming that Robi was not property and that no customary-law basis for liability was shown.
The High Court held that the plaintiff’s title claim failed because the right of occupancy was void for breach of development conditions and lack of compensation.
Where a marriage has produced children and lasted a considerable period, customary law precludes refund of dowry; further, the suit for dowry refund should have been instituted in the same court that granted the divorce, and the absence of evidence regarding the cause of divorce entitles the appellant to the benefit of doubt.
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The suit land, though originally clan land, was inherited by the appellant's father as first degree heir and lawfully sold to the respondent. No clan member sought redemption within 12 years, so the respondent acquired ownership. Failure to follow customary procedure in the sale does not invalidate the contract; the only remedy is redemption within the statutory period.
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