20070531 TZHC Arusha

20070531 TZHC Arusha

The deceased lawfully distributed his property inter vivos to the appellant and others before death, and such property became the personal property of the appellant. The respondent has no right to claim such property as inheritance, and letters of administration are unnecessary for property not forming part of the estate.

Citation
20070531 TZHC Arusha
Parties
Appellant: Dohho Sabas; Respondent: Saras Gitillo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 May 2007
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal allowed
Legal Topics
Inter Vivos Gift, Inheritance Rights, Locus Standi, Letters of Administration
Source Language
English
Succession Law Property Law Customary Law Inter Vivos Gift Inheritance Rights Locus Standi Letters of Administration

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Parties

Dohho Sabas

Appellant

Saras Gitillo

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the appellant lawfully acquired property from the deceased by inter vivos gift
  2. 2 Whether the respondent, as son, has a superior right to inherit over the appellant, a grandson
  3. 3 Whether letters of administration are required when property was distributed inter vivos

Ratio Decidendi

The deceased lawfully distributed his property inter vivos to the appellant and others before death, and such property became the personal property of the appellant. The respondent has no right to claim such property as inheritance, and letters of administration are unnecessary for property not forming part of the estate.

Court Disposition

appeal allowed

Orders

  • All property given to the appellant by the deceased in February 1995 to revert to the appellant
  • Costs awarded to the appellant