20140520 TZHC Arusha

20140520 TZHC Arusha

Only those with proven blood ties to the deceased Nina Omari are lawful beneficiaries/heirs to her estate; persons without such ties, including those merely brought up by the deceased, are not entitled to inherit in the absence of a will.

Citation
20140520 TZHC Arusha
Parties
Applicant: Ramadhani Maabadi; Applicant: Hamadi Maabadi; Respondent: Maka Serafini; Respondent: Shibesh Abebe; Respondent: Mohamed Maabadi; Respondent: Ezra Joshua Mwaluko
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 May 2014
Procedural Posture
Miscellaneous Civil Application / Ruling
Outcome
Application granted with costs.
Legal Topics
Determination of Heirs, Intestate Succession, Estate Administration
Source Language
English
Succession Probate and Administration Determination of Heirs Intestate Succession Estate Administration

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Parties

Ramadhani Maabadi

Applicant

Hamadi Maabadi

Applicant

Maka Serafini

Respondent

Shibesh Abebe

Respondent

Mohamed Maabadi

Respondent

Ezra Joshua Mwaluko

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling

Legal Issues

  1. 1 Who are the lawful beneficiaries/heirs to the estate of the late Nina Omari?
  2. 2 Whether Maka Serafini and Shibesh Abebe are beneficiaries/heirs to the estate?
  3. 3 Whether the requirement for written consent of two beneficiaries to the price under the Agreement for amicable settlement should be dispensed with for the sale of estate property?

Ratio Decidendi

Only those with proven blood ties to the deceased Nina Omari are lawful beneficiaries/heirs to her estate; persons without such ties, including those merely brought up by the deceased, are not entitled to inherit in the absence of a will.

Court Disposition

Application granted with costs.

Orders

  • Declared Ramadhani Maabadi, Mohamed Maabadi, Hamadi Maabadi, Twaha Maabadi, Halima Maabadi, Tausi Maabadi, Hawa Moshi Waida (Wayda), Ashura Moshi Waida (Wayda), Hassani Moshi Waida (Wayda), and Nuru Moshi Waida (Wayda) as lawful beneficiaries/heirs to the estate of the late Nina Omari.
  • Declared Maka Serafini and Shibesh Abebe are not beneficiaries/heirs to the estate of the late Nina Omari.