Tanzania Case Law

HADIJA JOSEPH TUNGE

Court

TANZLII

The lower courts erred by applying customary law to a Christian deceased without justification and by treating objections as separate suits rather than interlocutory matters, resulting in procedural violations that vitiated the proceedings. The entire proceedings of the lower courts are nullified and a retrial is ordered before a competent magistrate.

Source excerpt

• Res judicata
• Jurisdiction of primary courts
• Customary law vs statutory law
• Recognition of marriage
• Administration of estates

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PHALES PETRO VS NYANJI Return of dowry1 final final final

Court

TANZLII

The High Court dismissed an appeal challenging revision proceedings, holding that a misnomer was curable, the probate file was closed, and dowry refund was barred by statute.

• Dowry refund
• Customary law vs statutory law
• Probate proceedings
• Misnomer in pleadings
• Dowry-refund
• Customary-law-vs-statute

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mericksedeki edward vs agnes neckemia 2020 tzhc 4264 11 december 2020

Court

TZHC

The High Court dismissed a land appeal, holding that the respondent daughter had a right to inherit and occupy her father’s land, while the appellant failed to prove a gift.

• Inheritance of land
• Gender equality in land ownership
• Customary law vs statutory law
• Rights of daughters to inherit land
• Land-inheritance
• Gender-equality

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samweli nchahagwa vs josephine nchahagwa 2020 tzhc 4116 7 december 2020

Court

TZHC

The High Court allowed a probate appeal, holding that the estate had to be distributed according to the original court order, not later customary-law redistribution.

• Revocation of letters of administration
• Customary law vs statutory law
• Distribution of estate
• Functus officio
• Res judicata
• Probate

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