20111216 TZHC Dar es Salaam

20111216 TZHC Dar es Salaam

All children of the deceased, irrespective of the marital status of their mothers or the legitimacy of their birth, are entitled to inherit the deceased's estate equally. The house at Magomeni should be sold and the proceeds distributed equally among all children and the two widows who contributed to its acquisition.

Citation
20111216 TZHC Dar es Salaam
Parties
Applicant: Administrator General; Interested Party: Theresia Mganga; Interested Party: Joyce Beatrice Ruhui; Beneficiary: Catherine David Mganga; Beneficiary: Angela David Mganga; Beneficiary: Blandina David Mganga; Beneficiary: Davis David Mganga; Beneficiary: Andrew David Mganga; Beneficiary: Thomas David Mganga; Beneficiary: Manley David Mganga; Beneficiary: Maryline David Mganga; Beneficiary: Maud David Mganga; Beneficiary: Robert David Mganga; Beneficiary: Bahati David Mganga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 December 2011
Procedural Posture
Probate and Administration Cause / Ruling on Application for Directions by Administrator General
Outcome
Application for directions granted. Directions issued.
Legal Topics
Intestate Succession, Inheritance Rights of Children, Distribution of Estate, Legitimacy and Inheritance, Role of Administrator General
Source Language
English
Succession Law Family Law Intestate Succession Inheritance Rights of Children Distribution of Estate Legitimacy and Inheritance Role of Administrator General

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Parties

Administrator General

Applicant

Theresia Mganga

Interested Party

Joyce Beatrice Ruhui

Interested Party

Catherine David Mganga

Beneficiary

Angela David Mganga

Beneficiary

Blandina David Mganga

Beneficiary

Davis David Mganga

Beneficiary

Andrew David Mganga

Beneficiary

Thomas David Mganga

Beneficiary

Manley David Mganga

Beneficiary

Maryline David Mganga

Beneficiary

Maud David Mganga

Beneficiary

Robert David Mganga

Beneficiary

Bahati David Mganga

Beneficiary

Procedural Posture

Probate and Administration Cause / Ruling on Application for Directions by Administrator General

Legal Issues

  1. 1 Who are the legal heirs to the estate of the late David Vincent Mganga?
  2. 2 How should the house at Plot No. 152 Block 'R' Magomeni be dealt with and its proceeds distributed?

Ratio Decidendi

All children of the deceased, irrespective of the marital status of their mothers or the legitimacy of their birth, are entitled to inherit the deceased's estate equally. The house at Magomeni should be sold and the proceeds distributed equally among all children and the two widows who contributed to its acquisition.

Court Disposition

Application for directions granted. Directions issued.

Orders

  • The house at Plot No. 152 Block 'R' Magomeni shall be sold at market value.
  • Proceeds of sale to be distributed equally among all children and the two widows, Theresia Mganga and Joyce Beatrice Ruhui.