20060629 TZHC Dar es Salaam

20060629 TZHC Dar es Salaam

The house in question forms part of the deceased's estate as there was no evidence of intention or delivery of the property as a gift to the appellant; mere registration in the appellant's name is insufficient.

Citation
20060629 TZHC Dar es Salaam
Parties
Appellant: Abdulhamani Hassani Litoki; Respondent: Hamisi Shabani Litoki
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 June 2006
Procedural Posture
PC Civil Appeal / Judgment on Final Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Administration of Estates, Gift of Property, Ownership Dispute
Source Language
English
Succession Property Law Administration of Estates Gift of Property Ownership Dispute

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Parties

Abdulhamani Hassani Litoki

Appellant

Hamisi Shabani Litoki

Respondent

Procedural Posture

PC Civil Appeal / Judgment on Final Appeal

Legal Issues

  1. 1 Whether House No. 330 Block 'L' at Kibondemaji Mbagala Zakheim forms part of the deceased's estate or belongs to the appellant
  2. 2 Whether the respondent was properly appointed as administrator of the deceased's estate

Ratio Decidendi

The house in question forms part of the deceased's estate as there was no evidence of intention or delivery of the property as a gift to the appellant; mere registration in the appellant's name is insufficient.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to respondent