estate of the late barnabas zilinde another vs zilinde another 2021 tzhc 2212 19 january 2021

estate of the late barnabas zilinde another vs zilinde another 2021 tzhc 2212 19 january 2021

The evidence of the caveator's mother, supported by the birth certificate and corroborated by independent witnesses, sufficiently proved that Ally Barnabas Zilinde is the son of the deceased and should be listed among the heirs.

Citation
estate of the late barnabas zilinde another vs zilinde another 2021 tzhc 2212 19 january 2021
Parties
Petitioner: Emmy Zilinde; Petitioner: Remmy Zilinde; Caveator: Ally Barnabas Zilinde; Respondent: Gerald Zilinde; Respondent: Mariam Zilinde; Respondent: Erica Zilinde
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 January 2021
Procedural Posture
Probate and Administration Cause / Ruling on Caveat and Determination of Heirship
Outcome
Caveator declared son of the deceased and ordered to be listed among heirs.
Legal Topics
Parentage Determination, Intestate Succession, Heirship
Source Language
English
Family Law Probate Parentage Determination Intestate Succession Heirship

Case Brief

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Parties

Emmy Zilinde

Petitioner

Remmy Zilinde

Petitioner

Ally Barnabas Zilinde

Caveator

Gerald Zilinde

Respondent

Mariam Zilinde

Respondent

Erica Zilinde

Respondent

Procedural Posture

Probate and Administration Cause / Ruling on Caveat and Determination of Heirship

Legal Issues

  1. 1 Whether Ally Barnabas Zilinde is the son of the deceased Barnabas Zilinde and entitled to be listed as an heir

Ratio Decidendi

The evidence of the caveator's mother, supported by the birth certificate and corroborated by independent witnesses, sufficiently proved that Ally Barnabas Zilinde is the son of the deceased and should be listed among the heirs.

Court Disposition

Caveator declared son of the deceased and ordered to be listed among heirs.

Orders

  • Ally Barnabas Zilinde to be included as an heir of the estate of Barnabas Zilinde