emmanuel patrick mbwana vs annaisha patrick mbwana 2020 tzhc 3649 23 october 2020

emmanuel patrick mbwana vs annaisha patrick mbwana 2020 tzhc 3649 23 october 2020

The deceased, despite contracting a Christian marriage late in life, lived a customary mode of life and all children were born out of wedlock. The Primary Court had jurisdiction to appoint administrators under customary law, and did not exceed its mandate by determining inheritance rights at the appointment stage. The appeal lacks merit and is dismissed.

Citation
emmanuel patrick mbwana vs annaisha patrick mbwana 2020 tzhc 3649 23 october 2020
Parties
Appellant: Emmanuel Patrick Mbwana; Respondent: Anaisha Patrick Mbwana
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 October 2020
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Jurisdiction of Primary Courts, Applicable Law in Estate Administration, Rights of Heirs Born Out of Wedlock, Appointment of Administrators
Source Language
English
Probate Family Law Jurisdiction of Primary Courts Applicable Law in Estate Administration Rights of Heirs Born Out of Wedlock Appointment of Administrators

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Parties

Emmanuel Patrick Mbwana

Appellant

Anaisha Patrick Mbwana

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the Primary Court had jurisdiction to appoint administrators under statutory law or customary law
  2. 2 Whether the trial court erred by determining inheritance rights at the stage of appointing administrators

Ratio Decidendi

The deceased, despite contracting a Christian marriage late in life, lived a customary mode of life and all children were born out of wedlock. The Primary Court had jurisdiction to appoint administrators under customary law, and did not exceed its mandate by determining inheritance rights at the appointment stage. The appeal lacks merit and is dismissed.

Court Disposition

appeal dismissed

Orders

  • Administrators to distribute all estate property to lawful heirs and report to court within four months.
  • Administrators to appear before court on 12/01/2021 to close probate proceedings.