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High Court of Tanzania

This is the second level in the Judiciary justice delivery hierarchy. It has both appellate and original powers on civil and criminal matters. It also hears appeals from the Courts of Resident Magistrate, the District Courts, and the District Land and Housing Tribunals in exercise of their original, appellate and/or revisional jurisdiction. The High Court is divided into Zones and specialized Divisions.

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24 Kivukoni Road, P O Box: S.L.P. 9004

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https://jmap.judiciary.go.tz/jmap/jmap-hc

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1 judgment

Citation	Judgment date
July 2002
Naftal Joseph Kalalu vs Anjela Mashirima (P.C. Civil Appeal No. 145 of 2001) [2002] TZHC 2055 (26 July 2002) Primary Court properly appointed administratrix; discriminatory customary rule cannot bar a widow from administering her husband’s estate. Administration of estates – appointment of administratrix – customary and presumed marriage (Law of Marriage Act s.160; John Kirakwe v Iddi Siko) – proof of divorce required to rebut marriage – service and notice in administration proceedings – Primary Court jurisdiction (Magistrates Courts Act) – discriminatory customary rule (GN 436/1963 para 20) inconsistent with constitutional equality and CEDAW.	26 July 2002

Citation

Judgment date

July 2002

Naftal Joseph Kalalu vs Anjela Mashirima (P.C. Civil Appeal No. 145 of 2001) [2002] TZHC 2055 (26 July 2002)

Primary Court properly appointed administratrix; discriminatory customary rule cannot bar a widow from administering her husband’s estate.

Administration of estates – appointment of administratrix – customary and presumed marriage (Law of Marriage Act s.160; John Kirakwe v Iddi Siko) – proof of divorce required to rebut marriage – service and notice in administration proceedings – Primary Court jurisdiction (Magistrates Courts Act) – discriminatory customary rule (GN 436/1963 para 20) inconsistent with constitutional equality and CEDAW.

26 July 2002