Case 1: Inheritance
We had a client whose husband passed away in 2006. Her in-laws prevented her from attending his burial and after a month, she was informed that they had held a clan meeting in which they discussed division of the deceased's estate, without including her and their children. In the meantime she found out they had applied for the death certificate. She was then told that the estate had been administered according to customary law.
She did not agree with this and came to TAWLA. We assisted her to institute a probate cause. Her inlaws did not cooperate.
When she presented her case in the primary court, her in-laws raised an objection and she lost the case.
She appealed in the higher court where she was required to get a copy of the death certificate so she could be the estate's administrator even without minutes from the clan meeting. The District Commissioner assisted her in calling another clan meeting, but her in-laws refused to atttend this meeting three times. She appealed and the appeal was held in her favour.
Despite TAWLA's support our client could still have lost the case if the procedures of the probate cause had been followed strictly in her appeal (she could have been required to produce a death certificate and the minutes of the clan meeting).
TAWLA helped the widow lodge the appeal and coached her on how to represent herself in court.
Many widows are at risk of having their rights violated due to customary laws in Tanzania. The procedures of instituting a probate cause should be reviewed to ensure laws recognise the trauma widows suffer when their in-laws exclude them in the division and administration of their husband's estate.
