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-· ,.... IN Tffi~ COURT OF APPE1L OF TlJT Z!JUJ., tT Dt.R BS SIJ.,l..Jj,l ,.- ,/ CIVIL APPEl.L NO. 36 OF 1990 fi.filZ Dll.UDI t.zrz. .. • • • • • • • • o • • .APPilLL/JI T !J-ID" 1. /JUN f..Er-LD lLLY ~ 2. SEiLEMWI WJ.G:Ii'IJ.l.IBU ~ • • • • • • • • • BESPONDbNTS (Appeal from tl.:lo Judgement of the lli.gh Court of T~1zanie, at Dar c;s SalaeJn) (Jlubcllila,. J ! ) de;~ccl the. 6th day of January, 1990 in Jivil Case Nt•.o 209 of 1987 -; 1-- ~ - .' - ,, OlV.R 9 J .4.: J1.,'1)JI,ID£IT OF Tim coum AZIZ D!.UDI l..ZIZ tho ,ppellan-. su0d t.h.c two respondents Amin Ahmed .lJ.i and SGlemani ';fa,el1~ibu for having alienated the property of his late father. I-'i; wns allegc.d in the !Ugh Court by Aziz tb.at Dar es Salaam from his aunt Kc.tija ll.z:z, 2.nd .,G~1.a.t Wag:i.e,ribu as the a,ppoint<::d L.dministrator of" the cste.te of late;; I0:i;~ija /.,ziz had secretly and fraudulcr..·Uy sold -this house:; to f.min .l2mcd Ali, tlla first rospondGnt. The High Cov.rt ( Rubi:'J:12,.? J •) af.,i;cr b.cnring "iihc evidence on both l...hi:1cd ili wa~ a bone.fide purcli.......,scr without notice. The: rents which usead to be collect eel b~. . 2,ppcll&""lt 's fnthcr during ~1is life tir.ie <'-nd s.!.:>.01..u.d be returned to .lmin ns from the., ~tc he, .•:min, bought this house on 18/4/85. .. .. ./2 . I _;:. l.ziz, the e.ppGll.:wrii 1 being dissatisfiGd with this decision, c,ppcalcd to this Court 011 t::e ground that he still considcrea the and mise,ppropriatcd t:.:c !1ousc in disputo~ Ik sold t::ie house without consulting·thc heirs. To this ,we would reply, as did the, loamed trial judge, tl1.at onco t~.c :~dministrator of tl10 estate of t:1c dcco2..scd was prop(;rly r,ppointcd w:iatcver steps he took in dE;aling with. -'c!1e propc,rty of t)~c dccc['..80d sb.ould be considered as pa.rt of tho u.--idcrtaking he;; gc1,vc on his appointment (Seo Jun1cxtu.r(. A to the Wri-'ctcn i.:itatcracnt of Defonce) t:1at h.c would fa.i thfully administer tho cst2.iE. by paying all t:1c debts of the deceased and distributing tho property to all t!-.~c legal heirs of th.e deceased. This point of din"iiribution of propc.rty ·i;o -'.;he heirs was noi; ' tou.c!1cd upon in the I-Iigb. Cou.rt 2.s it was not prayed for in tho plc>.ill-'li. W1.u.o.-'c the plaint soug.t:t Wc.'.D to nullify thG sale of t!1e house and tb.cn include it in tho estate of, tho dE:ccascd Daudi as his property so ·t:iat Aziz his son could administer it,. But as drce,cy seen in the proccodings of the Iligh Court t!10 house in question was sold by We.gha.ribu long before the death of D2.udi and he, Daudi was liying in it and rGcciV:i.ng relr~ till l1is d.cat:1.. Tllis circumstancG was so pcrplo:ing that tho trial judge; did not want to· dwell on it. WG cannot find in ·the ovi den co bcf ore the .lligb. Court that tho.re was i.".nything wrong wit~1 the sale of this l:..ousc. Once n.n 1..d.uri.nistrator of the cstafo Wl'.S appointed them the, house of the dcocasGd ownc,r of the property is cher:1.gcd in all tl10 docum,mts and tho.:'li of tho i\&linistra"iior is substi tutcd a.nd it is left to his a discretion to adm:i.nis"'i;or t!1c, estate; in tlle best we,y ho can. The sale of this house being l(".gcl, tbe sal-0 prioc sb.oul.d aoeo:rdil'lgly be dis-'.;riout0d to tl1c heirs. We would suggest that tac two probate cases ncntioncd in t:1c proceedings Na. -145 of 1989 in which Wagharibu