Thomas Ngarumau v. Stephen Ngarumau, (PC) Civ. App. 74-A-66, 18/1/68, Seaton J.

Thomas Ngarumau v. Stephen Ngarumau, (PC) Civ. App. 74-A-66, 18/1/68, Seaton J.

This case concerns the inheritance of a cow from deceased. Deceased was survived by a widow and a son, Thomas, who is the plaintiff. The widow was inherited by deceased’s brother, and defendant, Stephen, was born while this relationship existed. Plaintiff sued defendant for a cow which was given by the widow, the mother of both plaintiff and defendant, as dowry for defendant’s wife; he contended that defendant had no right to any part of deceased’s estate.

The case is governed by the law of the Kilimanjaro District.

            Held: Under paragraphs 66A and 70 of the Law of Persons [G.N. 279 of 1963, applied to Kilimanjaro District by G. N. 475 of 1963], a widow is free to choose a relative of the deceased husband and live with him as his wife; and if a child is sired by a relative of the deceased husband, he is always accepted in to the family. Therefore, defendant is legally a child of deceased and has full rights of inheritance from him. Plaintiff’s appeal rejected.