daniel elisha okelo vs alice jihn edward others 2022 tzhc 13539 5 october 2022

daniel elisha okelo vs alice jihn edward others 2022 tzhc 13539 5 october 2022

The District Court erred in appointing the Administrator General as administrator of the estate because the law applicable at the Primary Court level (Fifth Schedule to the Magistrates Courts Act) does not permit such appointment unless it is established that no officer of the court or reputable impartial person can be found. The Primary Court had jurisdiction as there was no evidence the deceased had abandoned customary life. The District Court was justified in revoking the appellant's appointment due to persistent family misunderstandings and delay in administration.

Citation
daniel elisha okelo vs alice jihn edward others 2022 tzhc 13539 5 october 2022
Parties
Appellant: Daniel Elisha Okelo; Respondent: Alice John Edward; Respondent: Beatrice John Edward; Respondent: Doreen John Edward; Respondent: Jasmine John Edward; Respondent: Edwin Thadayo; Respondent: William John Edward; Respondent: Esther John Edward; Respondent: Erene John Edward
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 October 2022
Procedural Posture
Civil Appeal / Judgment on Second Appeal
Outcome
appeal partly allowed
Legal Topics
Appointment of Administrator, Jurisdiction of Primary Court, Revocation of Administrator, Customary Law in Probate
Source Language
English
Probate Succession Civil Procedure Appointment of Administrator Jurisdiction of Primary Court Revocation of Administrator Customary Law in Probate

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Daniel Elisha Okelo

Appellant

Alice John Edward

Respondent

Beatrice John Edward

Respondent

Doreen John Edward

Respondent

Jasmine John Edward

Respondent

Edwin Thadayo

Respondent

William John Edward

Respondent

Esther John Edward

Respondent

Erene John Edward

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the District Court was justified to appoint the Administrator General
  2. 2 Whether the Primary Court had jurisdiction to entertain the probate cause
  3. 3 Whether the District Court was proper to revoke the appointment of the appellant

Ratio Decidendi

The District Court erred in appointing the Administrator General as administrator of the estate because the law applicable at the Primary Court level (Fifth Schedule to the Magistrates Courts Act) does not permit such appointment unless it is established that no officer of the court or reputable impartial person can be found. The Primary Court had jurisdiction as there was no evidence the deceased had abandoned customary life. The District Court was justified in revoking the appellant's appointment due to persistent family misunderstandings and delay in administration.

Court Disposition

appeal partly allowed

Orders

  • Order of appointment of Administrator General by District Court set aside
  • Case file remitted to Kinondoni Primary Court to appoint a reputable and impartial person as administrator pursuant to paragraph 2(b) of the Fifth Schedule to the Magistrates Courts Act [Cap. 11 R.E. 2019]