abdulhamani hassani litoki vs hamisi shabani litoki 2006 tzhc 46 29 june 2006

abdulhamani hassani litoki vs hamisi shabani litoki 2006 tzhc 46 29 june 2006

The court held that the mere fact that the house was bought in the appellant's name does not prove it was a gift; there was no evidence of intention or delivery by the deceased to the appellant. The house forms part of the deceased's estate.

Citation
abdulhamani hassani litoki vs hamisi shabani litoki 2006 tzhc 46 29 june 2006
Parties
Appellant: Abdulhamani Hassani Litoki; Respondent: Hamisi Shabani Litoki
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 June 2006
Procedural Posture
PC Civil Appeal / Judgment on Final Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Administration of Estates, Ownership of Property in Deceased's Estate, Gifts Inter Vivos
Source Language
English
Succession Property Law Administration of Estates Ownership of Property in Deceased's Estate Gifts Inter Vivos

Case Brief

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Parties

Abdulhamani Hassani Litoki

Appellant

Hamisi Shabani Litoki

Respondent

Procedural Posture

PC Civil Appeal / Judgment on Final Appeal

Legal Issues

  1. 1 Whether House No. 330 Block 'L' at Kibondemaji Mbagala Zakheim belongs to the appellant or forms part of the deceased's estate
  2. 2 Whether the respondent was properly appointed as administrator of the deceased's estate

Ratio Decidendi

The court held that the mere fact that the house was bought in the appellant's name does not prove it was a gift; there was no evidence of intention or delivery by the deceased to the appellant. The house forms part of the deceased's estate.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to respondent