This is an appeal against the decision of Ilala District
Court which ordered that the house which is a subject of dispute between the
parties should be sold at market value and that the proceeds of sale be divided
equally between them. The Appellants and the Respondent’s mother (deceased)
were joint owners of the house in dispute. It was contended by the Appellants
that the parties are Moslems and that all Moslems in Tanzania are subject to
Islamic Law in matters relating to their personal status and affairs. It was
contended by the Appellants that the distribution of the shares in both houses had
to be done according to Islamic Law. On the other hand, the Respondent
submitted that the recognition of the parties and their family to be Muslims is
not an issue and that whatever law is applicable the Respondent is entitled to
have a share in his mother’s estate.