From PETER TEMBA in Moshi, 30th December 2011 @ 11:00, Total Comments: 0, Hits: 4731
THE Moshi-based non-governmental organisation – Kilimanjaro Women Information Exchange and Consultancy Organization (KWIECO) has, under its Litigation Programme, supported over 70 clients with necessary court documents.
Under the programme, a total of 18 cases related to contract, land, matrimonial as well as probate and administration have been finalized, it was learnt here on Friday.
KWIECO Managing Director, Ms Elizabeth Minde, said here on Friday that the Programme intended to offer legal aid and support to marginalized individuals with legal issues and represents them in courts of law.
She said main issues attended included drafting of legal documents and representation in the court. She said of the 18 finalized cases, clients had low understanding of functioning of the legal machinery and the patriarchy system which was entrenched in the community.
Citing one of the concluded matrimonial cases, Ms Minde said a peasant woman successfully petitioned for divorce, custody, maintenance of matrimonial assets. The husband did not prefer any appeal to the High Court of Tanzania.
KWIECO advised her that the option at her disposal was to execute the earlier judgment. Execution was filed and her husband resisted by filing an application for stay of execution and another application for extension of time to appeal. All applications were finally disposed of in favour of the woman.
Had it not been for KWIECO support, the woman would have given up, said Ms Minde, noting that sustaining a legal battle for 12 years was a big lesson. She cited another case where a man died and his estate was distributed by the Administrator to his surviving son, the sole beneficiary.
Neither the clan meeting nor anyone else raised a voice to the contrary. Ms Minde explained that for 20 years that said sole beneficiary and his wife enjoyed quiet occupation of the bequeathed property.
Upon his death, his wife became the administrator and beneficiary and remained in occupation of the property until two years later when a person showed up alleging to be the son of “our client's father-in-law who died 20 years ago.”
The said son instituted probate proceedings in the Primary Court in an attempt to be appointed the administrator. The trial court held in favour of the alleged son and ordered the widow to give vacant possession of the suit property.
Aggrieved by the court decision, the widow successfully appealed to the District Court. According to Ms Minde, inheritance cases usually attract many greedy parties including relatives who basically wish to grab the deceased's estate.
KWIECO has since 1987, been providing free legal consultancy for women and works to disseminate information about women's legal rights and to change popular attitudes. It also defends the rights of children and offer shelter for the victims of domestic violence.
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