Mpendu vs Mpendu (PC Civil Appeal 24 of 1996) [1998] TZHC 18 (21 December 1998)
Judgment
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IN THE HIGH COURT OF 'I'ANl\NIA
A_U)AR Fo $ .(jn("lllding his mother). The
(~entre or (lispllt.e spems t'o he f'l /)Al'tOW one, for, both pArties are
agreed that after their father's death a general consenSllS was
reached by all the beneficiaries that the house in question
should be disposed off and have its proceedings defray debts left
behind by the deceased and which included unpaid dowry of shs.100
for onA of the wi(lows. The conI t'oversy 18 (~~~nl fAd on whn hought
the saj.d house - wllP-thet" it was Mal iki Sd.idi Hpendu (Appel 1;'l.Ol)A L.l\AM
(PC) CTVH, APPEAr. NO.7.4{1996
(FROM CIVIL APPEAL NO.13/94 OF RUFIJI DISTRICT
COURT AND ORIGINAL CIVIL CASE NO.5{94
OF IKWIRIRI PRIMARY COURT)
MALIK] SAlOl MPENOU ..... APPELLANT
VS.
ATHUMAN SAID MPENDU .... RESPONDENT
f<M,RmWA"T:
Having lost in both courts belowLin UIP Ikwiriri Primary
Court and Rufiji District court) Haliki Saidi Hpendu, appellant,
tried his luck with this court. His unsuccessful suit an(]
house which belonged to his clecesed frlther, and allegedly hought
by hi.1Il in 1974 with the consent of [,\11 the 8 surviving children
(including hinlself) and 7. wido
th!O\lljh renc'hing" concurrenl findiny. Then~ nfler thf! IlldYlsttrlle COllllH)r:;ed judgement supporting the view reached by the \ Assessors hence the throwing out of the pn::lsent Appellants
De 1 j vered on .. /