20140722 TZHC Dar es Salaam

20140722 TZHC Dar es Salaam

The District Court of Rufiji had jurisdiction to revoke the letters of administration and reinstate Nasmin Mohamed Rwambo as administratrix, acted within the limitation period, and correctly excluded properties not forming part of the deceased's estate.

Citation
20140722 TZHC Dar es Salaam
Parties
Appellant: Bakari Mohamed Rwambo; Respondent: Raiya Nassoro; Respondent: Mwamini Mudi Juma; Administratrix: Nasmin Mohamed Rwambo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 July 2014
Procedural Posture
PC Civil Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Letters of Administration, Jurisdiction, Limitation Period, Distribution of Estate
Source Language
English
Probate Civil Procedure Letters of Administration Jurisdiction Limitation Period Distribution of Estate

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Parties

Bakari Mohamed Rwambo

Appellant

Raiya Nassoro

Respondent

Mwamini Mudi Juma

Respondent

Nasmin Mohamed Rwambo

Administratrix

Procedural Posture

PC Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the District Court had jurisdiction to revoke letters of administration granted by the Primary Court
  2. 2 Whether the District Court properly evaluated evidence before revoking the appointment
  3. 3 Whether the District Court was time barred in entertaining the revision and distributing the estate

Ratio Decidendi

The District Court of Rufiji had jurisdiction to revoke the letters of administration and reinstate Nasmin Mohamed Rwambo as administratrix, acted within the limitation period, and correctly excluded properties not forming part of the deceased's estate.

Court Disposition

Appeal dismissed

Orders

  • Nasmin Mohamed Rwambo reinstated as administratrix of the deceased's estate
  • Properties forming the deceased's estate to be sold and proceeds distributed equally among heirs