Masudi Ally vs Chiku Masudi [1992] TZHC 10 (10 April 1992)


Korosso, J.: This is an appeal lodged by the Appellant challenging the decision of A the Kigoma District Court which reversed the decision of the Ujiji Urban Primary Court.
The Appellant was neither the son nor the relative of the Respondent's late father who exclusively owned the disputed residential house in Tabora Municipality. B
According to the para 26 of the Second Schedule of Declared Customary Law G/N 436/63, it is the children - them alone - of the Deceased that are customarily entitled to inherit the entire property, (without exception), of their late father. The appellant having been a complete stranger to the family of the Respondent's late father, he is equally a C stranger to the property of the Respondent's late father.
As it were true that the Respondent's late father had ever inherited the property of the Appellant's late father in 1956 when his father died, the Appellant would naturally have D sued the Respondent's late father during his lifetime until in 1990 when he passed away. Seeing that the Respondent's father is no longer with us, he decided to test the wisdom of courts of law.
On the foregone grounds, I dismiss the appeal in total with costs. E
Appeal dismissed.


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