19921022 TZCA Mwanza2
Redemption of the mortgaged shamba by the respondent did not confer ownership as the mortgage deeds lacked the necessary conditions under Haya customary law; possession alone does not confer title; inheritance should be equitably distributed by the clan council among the appellants as the respondent already inherited other plots; limitation period had not expired as adverse possession began only in 1982.
Source excerpt
- Inheritance
- Mortgage redemption
- Family tenure
- Limitation of proceedings