20120417 TZHC Dar es Salaam 2

20120417 TZHC Dar es Salaam 2

The persistent quarrels among heirs over the house justified its sale and distribution of proceeds to prevent further conflict; the applicant's lack of capacity to purchase the house and her role in prolonging disputes further supported the necessity of sale as ordered by the lower courts.

Citation
20120417 TZHC Dar es Salaam 2
Parties
Applicant: Dear Omari Mpili; Respondent: Farida Omari Mpili
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 April 2012
Procedural Posture
Civil Revision / Ruling on Application for Revision
Outcome
Application dismissed with costs
Legal Topics
Administration of Estates, Sale of Estate Property, Distribution of Inheritance, Revision Proceedings
Source Language
English
Succession Probate Civil Procedure Administration of Estates Sale of Estate Property Distribution of Inheritance Revision Proceedings

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Parties

Dear Omari Mpili

Applicant

Farida Omari Mpili

Respondent

Procedural Posture

Civil Revision / Ruling on Application for Revision

Legal Issues

  1. 1 Whether the order to sell the deceased's house and distribute proceeds among heirs was proper
  2. 2 Whether the applicant should be given priority to purchase the house

Ratio Decidendi

The persistent quarrels among heirs over the house justified its sale and distribution of proceeds to prevent further conflict; the applicant's lack of capacity to purchase the house and her role in prolonging disputes further supported the necessity of sale as ordered by the lower courts.

Court Disposition

Application dismissed with costs

Orders

  • Orders of the trial court sustained
  • Execution process to be carried out as directed by the trial court and upheld by the District Court