20121005 TZHC Arusha

Both appellant and respondent have legitimate interests and neither's appointment should exclude the other; both should be co-administrators to ensure proper administration of the estate.

Citation: 20121005 TZHC Arusha
Parties: Appellant: Shaibu Hassan; Respondent: Asha Mohamed
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 5 October 2012
Procedural Posture: Probate and Administration Appeal / Second Appeal From District Court to High Court
Outcome: Appeal partly allowed
Legal Topics: Appointment of Administrators, Co Administration of Estate, Jurisdiction of Courts in Probate Matters
Source Language: English

Probate and Administration Family Law Appointment of Administrators Co Administration of Estate Jurisdiction of Courts in Probate Matters

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Parties

Shaibu Hassan

Appellant

Asha Mohamed

Respondent

Procedural Posture

Probate and Administration Appeal / Second Appeal From District Court to High Court

Legal Issues

1 Whether the District Court erred in appointing the respondent as sole administratrix to the exclusion of the appellant
2 Whether the District Court failed to revoke the appellant's appointment as administrator
3 Whether the District Court had jurisdiction to appoint a new administrator without referring the matter to the Primary Court

Ratio Decidendi

Both appellant and respondent have legitimate interests and neither's appointment should exclude the other; both should be co-administrators to ensure proper administration of the estate.

Court Disposition

Appeal partly allowed

Orders

Shaibu Hassan and Asha Mohamed appointed as co-administrators of the estate of the late Haruna Hassan
Co-administrators to perform duties and submit inventory within six months