20160719 TZHC Dar es Salaam

20160719 TZHC Dar es Salaam

The WILL (Exhibit Pl) remains in force and has not been varied; all parties have equal right, share, and responsibility over the property. The family house is not liable for sale, division, or partitioning except by unfettered consent of all lawful heirs. Reliefs sought for sale or division are misconceived as the proper forum for estate administration complaints is elsewhere. Only the prayer for declaration of equal rights and the house's immunity from sale or partitioning are allowed.

Citation
20160719 TZHC Dar es Salaam
Parties
1st Plaintiff: Florence Gati Ndege; 2nd Plaintiff: Florence Gati Ndege (as guardian of Bazil Safari Ndege); 3rd Plaintiff: Florence Gati Ndege (as guardian of Augustine Ndege); 4th Plaintiff: Florence Gati Ndege (as guardian of Blaze Mwita Ndege); 1st Defendant: Straton Aman Mang'ondi Ndege; 2nd Defendant: Sebastian Siasa Ndege; 3rd Defendant: Andrew Ndege; 4th Defendant: Justine Magige Ndege
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 July 2016
Procedural Posture
Land Case / Judgment on Admission
Outcome
Suit and Counter Claim allowed only to the extent of declaration of equal rights and immunity of the house from sale or partitioning; all other prayers dismissed; no order as to costs.
Legal Topics
Administration of Deceased Estate, Tenancy in Common, Will Interpretation, Fraudulent Transfer, Partition of Property
Source Language
English
Land Law Succession Law Civil Procedure Administration of Deceased Estate Tenancy in Common Will Interpretation Fraudulent Transfer Partition of Property

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Parties

Florence Gati Ndege

1st Plaintiff

Florence Gati Ndege (as guardian of Bazil Safari Ndege)

2nd Plaintiff

Florence Gati Ndege (as guardian of Augustine Ndege)

3rd Plaintiff

Florence Gati Ndege (as guardian of Blaze Mwita Ndege)

4th Plaintiff

Straton Aman Mang'ondi Ndege

1st Defendant

Sebastian Siasa Ndege

2nd Defendant

Andrew Ndege

3rd Defendant

Justine Magige Ndege

4th Defendant

Procedural Posture

Land Case / Judgment on Admission

Legal Issues

  1. 1 Whether the registration of transfer of ownership of the suit property to both the plaintiffs and the defendants as tenants in common in equal shares was done fraudulently
  2. 2 Whether the plaintiffs had been denied by the defendants or any of them the right of use and occupation of the suit property
  3. 3 Whether the defendants are using the suit property for their own benefits excluding the plaintiffs

Ratio Decidendi

The WILL (Exhibit Pl) remains in force and has not been varied; all parties have equal right, share, and responsibility over the property. The family house is not liable for sale, division, or partitioning except by unfettered consent of all lawful heirs. Reliefs sought for sale or division are misconceived as the proper forum for estate administration complaints is elsewhere. Only the prayer for declaration of equal rights and the house's immunity from sale or partitioning are allowed.

Court Disposition

Suit and Counter Claim allowed only to the extent of declaration of equal rights and immunity of the house from sale or partitioning; all other prayers dismissed; no order as to costs.

Orders

  • Plaintiffs and defendants declared to have equal right, share, and responsibility over Plot No. 16 Block 31H Kinondoni under Certificate of Title No. 41754.
  • The family house is not liable for sale, division, or partitioning except by unfettered consent of all lawful heirs.