swalehe juma sangawe another vs halima swalehe sangawe 2022 tzca 595 4 october 2022

swalehe juma sangawe another vs halima swalehe sangawe 2022 tzca 595 4 october 2022

The respondent, not being an administrator or executor of the deceased's estate and not suing as a creditor or legatee, lacked locus standi to institute the proceedings; the trial court erred in entertaining the suit, which should have been struck out.

Citation
swalehe juma sangawe another vs halima swalehe sangawe 2022 tzca 595 4 october 2022
Parties
First Appellant: Swalehe Juma Sangawe (As administrator of the Estate of the Late Juma Swalehe Sangawe); Second Appellant: Hussein Swalehe Sangawe; Respondent: Halima Swalehe Sangawe
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 October 2022
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Locus Standi, Administration of Estates, Intermeddling With Estate, Intestacy
Source Language
English
Civil Procedure Succession Law Locus Standi Administration of Estates Intermeddling With Estate Intestacy

Case Brief

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Parties

Swalehe Juma Sangawe (As administrator of the Estate of the Late Juma Swalehe Sangawe)

First Appellant

Hussein Swalehe Sangawe

Second Appellant

Halima Swalehe Sangawe

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the respondent had locus standi to sue regarding the estate of the deceased without being an appointed administrator or executor
  2. 2 Whether the trial court erred in entertaining the suit instituted by the respondent

Ratio Decidendi

The respondent, not being an administrator or executor of the deceased's estate and not suing as a creditor or legatee, lacked locus standi to institute the proceedings; the trial court erred in entertaining the suit, which should have been struck out.

Court Disposition

appeal allowed

Orders

  • Trial court's proceedings and judgment nullified
  • Suit struck out