Bakari Hoya v. Gabriel Mdoe, (PC) Civ. App. 6-D-67; 26/7/67; Hamlyn, J.

Bakari Hoya v. Gabriel Mdoe, (PC) Civ. App. 6-D-67; 26/7/67; Hamlyn, J.

Plaintiff was a grandson, and defendants were the son and daughter, of deceased. Plaintiff claimed that he had inherited the property, and defendants answered that it had passed to the defendant daughter who had then transferred it to the defendant son. The primary court, relying on the opinion of the assessors, ruled in favour of plaintiff. On appeal, the district court reversed, but made no reference to the customary law or to the opinions of the assessors who had heard the appeal.

            Held: (1) The matter is governed by customary law “and this of course depends upon the view taken by the assessors of the matter,” The district court should have referred in its judgment to the opinions of the assessors and to the customary law. (2) In the absence of other authority as to the Sambaa law, the court must accept the opinion of the assessors at the primary court that female may not inherit real estate but has a right to monetary value only. The judgment of the primary court for plaintiff was restored.