20140722 TZHC Dar es Salaam

20140722 TZHC Dar es Salaam

District Court of Rufiji had jurisdiction to revoke Letters of Administration and exclude certain properties from the deceased's estate; revision proceedings were within limitation period; properties under Residence Licence No KNDO 18457 and Reference No KH/MKI/NO 433/40 do not form part of the deceased's estate.

Citation
20140722 TZHC Dar es Salaam
Parties
Applicant: Bakari Mohamed Rwambo; Respondent: Raiya Nassoro; Respondent: Mwamini Mudi Juma; Administratrix: Nasmin Mohamed Rwambo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 July 2014
Procedural Posture
PC Civil Appeal / Judgment
Outcome
Appeal dismissed; District Court's decision upheld.
Legal Topics
Letters of Administration, Jurisdiction, Limitation Period, Estate Distribution
Source Language
English

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Parties

Bakari Mohamed Rwambo

Applicant

Raiya Nassoro

Respondent

Mwamini Mudi Juma

Respondent

Nasmin Mohamed Rwambo

Administratrix

Procedural Posture

PC Civil Appeal / Judgment

  1. 1 Jurisdiction of District Court to revoke Letters of Administration
  2. 2 Evaluation of evidence by District Court
  3. 3 Time bar for appeal or revision

Ratio Decidendi

District Court of Rufiji had jurisdiction to revoke Letters of Administration and exclude certain properties from the deceased's estate; revision proceedings were within limitation period; properties under Residence Licence No KNDO 18457 and Reference No KH/MKI/NO 433/40 do not form part of the deceased's estate.

Court Disposition

Appeal dismissed; District Court's decision upheld.

Orders

  • Nasmin Mohamed Rwambo reinstated as Administratrix of the deceased's estate.
  • Properties forming the deceased's estate to be sold.