halima swalehe sangawe vs swalehe juma sangawe and another 2020 tzhc 4559 1 december 2020

halima swalehe sangawe vs swalehe juma sangawe and another 2020 tzhc 4559 1 december 2020

The properties in dispute form part of the estate of the late Swalehe Mlashi. The transfer of Plot No. 3 Block X Section III to Juma Swalehe was null and void as it was not done in accordance with the law, specifically lacking proper probate or letters of administration. All biological children, including the plaintiff, are entitled to equal shares in the estate. The defendants' acquisition of the properties was tainted with illegality, and the estate must be distributed among all beneficiaries.

Citation
halima swalehe sangawe vs swalehe juma sangawe and another 2020 tzhc 4559 1 december 2020
Parties
Plaintiff: Halima Swalehe Sangawe; 1st Defendant: Swalehe Juma Sangawe (as the Administrator of the estate of the late Juma Swalehe Sangawe); 2nd Defendant: Hussein Swalehe Sangawe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 December 2020
Procedural Posture
Land Case / Judgment
Outcome
Plaintiff's claims substantially allowed; properties declared part of the estate and to be distributed equally among beneficiaries; transfer to 1st defendant declared null and void; no order as to costs or interest.
Legal Topics
Intestate Succession, Estate Administration, Fraudulent Transfer of Property, Distribution of Estate, Land Registration
Source Language
English
Succession Land Law Intestate Succession Estate Administration Fraudulent Transfer of Property Distribution of Estate Land Registration

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Parties

Halima Swalehe Sangawe

Plaintiff

Swalehe Juma Sangawe (as the Administrator of the estate of the late Juma Swalehe Sangawe)

1st Defendant

Hussein Swalehe Sangawe

2nd Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the plaintiff and defendants have interest in the suit properties
  2. 2 Whether there is any fraud by the defendants in acquiring the suit properties
  3. 3 Whether the plaintiff is entitled to have a share in the estate of her late father

Ratio Decidendi

The properties in dispute form part of the estate of the late Swalehe Mlashi. The transfer of Plot No. 3 Block X Section III to Juma Swalehe was null and void as it was not done in accordance with the law, specifically lacking proper probate or letters of administration. All biological children, including the plaintiff, are entitled to equal shares in the estate. The defendants' acquisition of the properties was tainted with illegality, and the estate must be distributed among all beneficiaries.

Court Disposition

Plaintiff's claims substantially allowed; properties declared part of the estate and to be distributed equally among beneficiaries; transfer to 1st defendant declared null and void; no order as to costs or interest.

Orders

  • Properties at Plot No. 3 Block X Section III, Moshi and farm at Rau Village declared part of the estate of the late Swalehe Mlashi.
  • Transfer of Plot No. 3 Block X Section III to Juma Swalehe declared null and void.