20050629 TZCA Dar es Salaam 1

20050629 TZCA Dar es Salaam 1

The only issue properly before the court was the appointment of administrators of the estate. All other findings regarding legitimacy or inheritance were obiter and not determinative. The application for review was dismissed as there was no manifest error on the face of the record regarding the appointment of administrators.

Citation
20050629 TZCA Dar es Salaam 1
Parties
Applicant: Mrs. Febronia Gasper Maro; Applicant: Evarist Gasper Maro; Respondent: Mrs. Agnes Maro
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 June 2005
Procedural Posture
Civil Application for Review / Ruling on Application for Review of Court of Appeal Judgment
Outcome
Application dismissed with costs
Legal Topics
Letters of Administration, Probate Proceedings, Illegitimacy and Inheritance, Appointment of Administrators
Source Language
English
Family Law Succession Law Civil Procedure Letters of Administration Probate Proceedings Illegitimacy and Inheritance Appointment of Administrators

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Parties

Mrs. Febronia Gasper Maro

Applicant

Evarist Gasper Maro

Applicant

Mrs. Agnes Maro

Respondent

Procedural Posture

Civil Application for Review / Ruling on Application for Review of Court of Appeal Judgment

Legal Issues

  1. 1 Whether there was a manifest error on the face of the record in the appointment of administrators of the estate of the late Gasper Maro
  2. 2 Whether findings regarding legitimacy and inheritance were necessary in proceedings for appointment of administrators

Ratio Decidendi

The only issue properly before the court was the appointment of administrators of the estate. All other findings regarding legitimacy or inheritance were obiter and not determinative. The application for review was dismissed as there was no manifest error on the face of the record regarding the appointment of administrators.

Court Disposition

Application dismissed with costs

Orders

  • Appointment of two additional administrators, one by the appellants and one by the respondent, to be completed within two weeks of the ruling; defaulting party forfeits the right to appoint, resulting in only two administrators including the second applicant.
  • No right of one party to object to the appointee of the other party.