probate no 215 of 2022

probate no 215 of 2022

The administratrices, being in a better position to know the heirs, and supported by family meeting minutes, are correct in excluding Nuru Sheni as an heir since she was divorced by the deceased about 20 years prior to his death. The objector failed to prove ownership of the Kipawa house, as her documents did not clearly establish title, and the true ownership remains unresolved.

Citation
probate no 215 of 2022
Parties
Joint Administratrix/applicant: Manca Sirili Mshanga; Joint Administratrix/applicant: Salma Mohamed Ahmed Somo; Objector/interested Party: Nuru Sheni
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Probate and Administration Cause / Ruling on Objection to Accounts and Inventory
Outcome
Objection dismissed in part; estate inventory to be amended.
Legal Topics
Letters of Administration, Heirship, Estate Inventory, Land Ownership Dispute
Source Language
English
Probate Succession Land Law Letters of Administration Heirship Estate Inventory Land Ownership Dispute

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Parties

Manca Sirili Mshanga

Joint Administratrix/applicant

Salma Mohamed Ahmed Somo

Joint Administratrix/applicant

Nuru Sheni

Objector/interested Party

Procedural Posture

Probate and Administration Cause / Ruling on Objection to Accounts and Inventory

Legal Issues

  1. 1 Who are the lawful heirs of the deceased's estate?
  2. 2 Whether the house on Plot No. ILA/KPWM0G39/1 at Kipawa forms part of the deceased's estate

Ratio Decidendi

The administratrices, being in a better position to know the heirs, and supported by family meeting minutes, are correct in excluding Nuru Sheni as an heir since she was divorced by the deceased about 20 years prior to his death. The objector failed to prove ownership of the Kipawa house, as her documents did not clearly establish title, and the true ownership remains unresolved.

Court Disposition

Objection dismissed in part; estate inventory to be amended.

Orders

  • The filed inventory and accounts of the estate to be amended to remove the landed property at Kipawa until the dispute of ownership is resolved by the proper tribunal.