19970507 TZHC Dar es Salaam

19970507 TZHC Dar es Salaam

Neither the appellant nor the respondents qualify to administer the estate of Banana Feruzi due to unjustified delay and lack of legal entitlement. The Administrator General is the appropriate person to administer the estate.

Citation
19970507 TZHC Dar es Salaam
Parties
Appellant: Feruzi Said; Respondent: Mussa Mbaruku; Respondent: Hadija Mbaruku
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 May 1997
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Letters of Administration, Delay in Petitioning for Grant, Qualification to Administer Estate
Source Language
English
Probate Succession Letters of Administration Delay in Petitioning for Grant Qualification to Administer Estate

Case Brief

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Parties

Feruzi Said

Appellant

Mussa Mbaruku

Respondent

Hadija Mbaruku

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the respondents' delay of 16 years in petitioning for letters of administration was justified under Rule 31 of the Probate and Administration Ordinance, Cap. 44
  2. 2 Whether the appellant is qualified to administer the estate of the deceased Banana Feruzi
  3. 3 Whether the estate of Banana Feruzi formed part of Joha's estate

Ratio Decidendi

Neither the appellant nor the respondents qualify to administer the estate of Banana Feruzi due to unjustified delay and lack of legal entitlement. The Administrator General is the appropriate person to administer the estate.

Court Disposition

appeal allowed in part

Orders

  • Neither party is granted letters of administration.
  • The Administrator General is to administer the estate of Banana Feruzi, particularly the house at No. 33 Kiungani Street, Kariakoo, Dar es Salaam.