20010129 TZHC Dar es Salaam

20010129 TZHC Dar es Salaam

The court found that the marriage between the deceased and Cecilia M. Kamba was subsisting at the time of death, that no lawful marriage existed between the deceased and the caveator, and that the caveator was a concubine with no legal rights to inheritance. The children of the caveator were deemed illegitimate and not entitled to inherit. The properties in question were jointly acquired by the deceased and Cecilia M. Kamba and form part of the estate. The petitioners were confirmed as proper persons to be appointed administratrixes.

Citation
20010129 TZHC Dar es Salaam
Parties
Petitioner: Cecilia M. Kamba; Petitioner: Paulina V. Kitila; Caveator: Hawa Selemqni Mghewa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 January 2001
Procedural Posture
Probate and Administration / Ruling on Confirmation of Appointment of Administrators and Determination of Inheritance Rights After Hearing Evidence
Outcome
Caveat dismissed. Petitioners confirmed as administratrixes. Each party to bear its own costs.
Legal Topics
Letters of Administration, Right of Inheritance, Legitimacy of Children, Customary Marriage, Concubinage, Joint Property Acquisition
Source Language
English
Succession Law Family Law Letters of Administration Right of Inheritance Legitimacy of Children Customary Marriage Concubinage Joint Property Acquisition

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Cecilia M. Kamba

Petitioner

Paulina V. Kitila

Petitioner

Hawa Selemqni Mghewa

Caveator

Procedural Posture

Probate and Administration / Ruling on Confirmation of Appointment of Administrators and Determination of Inheritance Rights After Hearing Evidence

Legal Issues

  1. 1 Whether the petitioners should be confirmed as administratrixes of the estate
  2. 2 Whether the marriage between the deceased and Cecilia M. Kamba was subsisting at the time of death
  3. 3 Whether any marriage existed between the deceased and the caveator

Ratio Decidendi

The court found that the marriage between the deceased and Cecilia M. Kamba was subsisting at the time of death, that no lawful marriage existed between the deceased and the caveator, and that the caveator was a concubine with no legal rights to inheritance. The children of the caveator were deemed illegitimate and not entitled to inherit. The properties in question were jointly acquired by the deceased and Cecilia M. Kamba and form part of the estate. The petitioners were confirmed as proper persons to be appointed administratrixes.

Court Disposition

Caveat dismissed. Petitioners confirmed as administratrixes. Each party to bear its own costs.

Orders

  • Letters of Administration to issue to the petitioners immediately.
  • Each party to bear its own costs.