Tanzania Case Law: Decisions & Judgments | LexChat

Tanzania Case Law

Customary-law
  • 12 Dec 2024

    LIDYA HILONGA 222 Edited

    Citation
    LIDYA HILONGA 222 Edited
    Court
    TANZLII

    Appeal dismissed in a probate dispute: the High Court held the primary court had jurisdiction and upheld revocation of the administratrix.

    • Jurisdiction of primary courts
    • Revocation of letters of administration
    • Distribution of estate
    • Right to be heard
    • Customary law vs. religious law
    • Probate-administration
  • 27 Feb 2024

    idd ally kamtaule administrator of the estate of the late mkaele nanyaka kasembe vs mariam jia 10 others 2024 tzhc 607 27 february 2024

    Citation
    idd ally kamtaule administrator of the estate of the late mkaele nanyaka kasembe vs mariam jia 10 others 2024 tzhc 607 27 february 2024
    Court
    TZHC

    Land appeal dismissed; court found the appellant failed to prove inheritance-based ownership and upheld the respondents’ long-standing possession.

    • Inheritance of land
    • Burden of proof
    • Adverse possession
    • Locus standi
    • Pleadings and issues
    • Customary law inheritance
  • 19 Jan 2024

    dickson john elvan vs hadija ally 2024 tzhc 921 19 january 2024

    Citation
    dickson john elvan vs hadija ally 2024 tzhc 921 19 january 2024
    Court
    TZHC

    High Court probate appeal dismissed; customary mode of life upheld for jurisdiction, and birth certificate accepted as proof of parentage.

    • Jurisdiction of primary court
    • Mode of life test
    • Parentage determination
    • Admissibility of birth certificate
    • Dna evidence in probate
    • Probate
  • 11 Aug 2023

    roza mturumutwa mbigili vs kulwa ibrahim mawona administrator of the estate of the late edward ibrahim mawona 2023 tzhc 20374 11 august 2023

    Citation
    roza mturumutwa mbigili vs kulwa ibrahim mawona administrator of the estate of the late edward ibrahim mawona 2023 tzhc 20374 11 august 2023
    Court
    TZHC

    Appeal dismissed in a probate dispute over customary inheritance, jurisdiction, and estate distribution in a polygamous family.

    • Administration of estates
    • Distribution of estate
    • Customary inheritance
    • Matrimonial property
    • Jurisdiction of probate courts
    • Probate
  • 27 Jul 2023

    hussein twalib said administrator of the estate of the late abdallah said livenga vs awesa adamu 2023 tzhc 19249 27 july 2023

    Citation
    hussein twalib said administrator of the estate of the late abdallah said livenga vs awesa adamu 2023 tzhc 19249 27 july 2023
    Court
    TZHC

    Appeal dismissed in a land dispute over ownership of a farm and house; the High Court upheld the tribunal’s evaluation of the evidence.

    • Ownership of land
    • Admissibility of evidence
    • Administrator's powers
    • Customary law
    • Burden of proof
    • Land-appeal
  • 28 Feb 2023

    stella john gwassa vs edgar john gwassa another 2023 tzhc 15813 28 february 2023

    Citation
    stella john gwassa vs edgar john gwassa another 2023 tzhc 15813 28 february 2023
    Court
    TZHC

    High Court dismissed a second appeal in an estate administration dispute, holding there was no evidence the deceased had a Christian marriage or life.

    • Jurisdiction of primary court
    • Administration of estate
    • Christian vs customary law
    • Appointment of administrators
    • Estate-administration
    • Jurisdiction
  • 1 Jan 2023

    N

    Citation
    N
    Court
    TZHC

    Appeal dismissed over a bride-price refund claim; court held there was no cause of action and that the woman involved could not be treated as property.

    • Bride price
    • Marriage
    • Inheritance
    • Cause of action
    • Bride-price
    • Customary-law
  • 15 Dec 2022

    petro simkoko vs john simkoko 4 others 2022 tzhc 15488 15 december 2022

    Citation
    petro simkoko vs john simkoko 4 others 2022 tzhc 15488 15 december 2022
    Court
    TZHC

    High Court land appeal: respondents failed to prove entitlement to 30 acres; appeal allowed; tribunal decision set aside; appellant declared lawful owner.

    • Locus standi
    • Burden of proof
    • Customary law
    • Inheritance
    • Administration of estates
    • Land-law
  • 12 Dec 2022

    rajabu shabani katungwa vs vicent japhet mbago and three others 2022 tzhc 15118 12 december 2022

    Citation
    rajabu shabani katungwa vs vicent japhet mbago and three others 2022 tzhc 15118 12 december 2022
    Court
    TZHC

    High Court land ruling: the offer of right of occupancy was declared void, customary ownership was upheld, and the suit was dismissed with costs.

    • Right of occupancy
    • Customary ownership
    • Compensation for land acquisition
    • Trespass
    • Validity of land allocation
    • Development conditions
  • 2 Dec 2022

    rashid gama and another vs nyaso lugusha gama 2022 tzhc 15569 2 december 2022

    Citation
    rashid gama and another vs nyaso lugusha gama 2022 tzhc 15569 2 december 2022
    Court
    TZHC

    High Court allowed appeal and quashed probate proceedings for lack of jurisdiction, holding statutory succession law applied to a Christian deceased's estate.

    • Jurisdiction of primary courts
    • Applicable law in probate matters
    • Christian succession law
    • Customary law
    • Quashing of lower court proceedings
    • Probate-jurisdiction