halima said maganga vs eremtridis n mkakambe 2013 tzhc 2215 30 august 2013

halima said maganga vs eremtridis n mkakambe 2013 tzhc 2215 30 august 2013

The appellant was not given an opportunity to participate in the appointment of the administrator and is a rightful beneficiary; justice requires both appellant and respondent to be appointed as co-administratrix.

Citation
halima said maganga vs eremtridis n mkakambe 2013 tzhc 2215 30 august 2013
Parties
Appellant: Halima Said Maganga; Respondent: Eremtridis N. Mkakambe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 August 2013
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Appointment of Administrator, Co Administration of Estate, Rights of Surviving Spouse
Source Language
English
Probate Family Law Appointment of Administrator Co Administration of Estate Rights of Surviving Spouse

Case Brief

Summary, issues, holding and outcome

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Parties

Halima Said Maganga

Appellant

Eremtridis N. Mkakambe

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant participated in the family meeting proposing the respondent as administratrix
  2. 2 Whether the appellant was denied the opportunity to object to the appointment
  3. 3 Whether the appellant is entitled to be appointed as co-administratrix

Ratio Decidendi

The appellant was not given an opportunity to participate in the appointment of the administrator and is a rightful beneficiary; justice requires both appellant and respondent to be appointed as co-administratrix.

Court Disposition

appeal allowed

Orders

  • The appellant and respondent are jointly appointed as co-administratrix of the deceased's estate.
  • The District Court decision is nullified.