Mrisho s/o Pazi v. Tatu d/o Juma, (PC) Civ. App. 69-D-67, 23/2/68, Saudi J.

Mrisho s/o Pazi v. Tatu d/o Juma, (PC) Civ. App. 69-D-67, 23/2/68, Saudi J.

This case concerned the inheritance of property as between appellant, the husband of deceased, and respondent, deceased’s daughter by a previous marriage. The property in question included a shamba at Kibaha and gold ornaments and Khangas. There was some doubt as to whether the gold ornaments and Khangas. There was some doubt as to whether the gold ornaments and Khangas existed. Although both parties live in Magomeni where there is a Primary Court, the case was brought in the Primary Court of Ilala.

            Held: (1) Under section 4 of the Magistrate’s Court of Ilala. Cap. 537, each Primary Court within a district has jurisdiction within the whole district. As a result, a party may file an action in any Primary Court within the district even though his choice causes inconvenience and expense to his opponent. 

The Court characterized this result as “unfortunate”. (2) The Primary Court had no jurisdiction to deal with the shamba at Kibaha which lies outside the district in which the court is located (3) Even if the ornaments and Khangas exist, in the absence of evidence to the contrary it must be presumed that they were purchased by the deceased with money given her by husband, appellant. Therefore, they should not have been awarded to respondent. (4) The remainder of the inheritance should be divided between appellant and respondent according to Muslim law.