Appendix – Case reports

Summary

CASE REPORTS

REHANI

WARD TRIBUNAL APPLICATION

The claimant was an Arusha widow and the only child of her father. During his lifetime the claimant's father had two adjacent shambas in a rural Arusha area – the ‘northern shamba’ and the ‘southern shamba’. The widow claimed both plots on the basis that the southern shamba had been under rehani for 10,000Tsh and the northern shamba under rehani for a sheep and a bull. At the time of the proceedings the respondent, who was the claimant's paternal aunt by marriage, was using the southern shamba, and the respondent's son, the northern shamba. After the claimant's father died the claimant tried to redeem the rehani by offering 10,000Tsh to her aunt but the aunt had refused.

In relation to the northern shamba the aunt claimed that this had been bought through her contribution of a sheep and a bull to slaughter at the funeral. She disputed the claim that this farm was also under rehani. Elders from the claimant's paternal family gave evidence that the southern shamba was under rehani but the northern shamba had been sold for a sheep and a bull. The husband of the respondent, who was the claimant's paternal uncle and guardian, also gave evidence. Two documents were produced during the proceedings. One was the minutes of a boma meeting at which the guardian confirmed that the southern shamba was under rehani for 10,000Tsh to his wife and was the claimant's inheritance from her father. The second was a statement purportedly written during the funeral, recording that the guardian was to take care of the deceased's estate on behalf of the claimant. The mwenyekiti wa kitongoji was present at the site visit.

The tribunal members noted the witness evidence of boma elders who had confirmed that the northern shamba was sold for a sheep and a bull, but the southern shamba had been under rehani for 10,000Tsh and should therefore be redeemed by the claimant. The judgment concludes:

All the members of this Tribunal have unanimously decided that in accordance with the Land Laws of 1999–2001 the Wife and Husband have equal RIGHTS to own land. [The claimant] has been ordered to give/pay [the respondent] Tsh 10,000 at once in front of the tribunal members.