hamisa said mgaya v said mustapha kapalapya and anotherd 2023 tzhc 17389 16 may 2023

hamisa said mgaya v said mustapha kapalapya and anotherd 2023 tzhc 17389 16 may 2023

The appellant lacked capacity to contract on the deceased's estate as she was not the administratrix at the time, rendering the contract void ab initio. The correct rental arrears due from Viettel Tanzania Ltd are TZS 2,880,000 for the period 29/04/2015 to 29/04/2017. The appellant is a lawful heir and entitled to occupy the property as a beneficiary, provided she does not obstruct the administrator.

Citation
hamisa said mgaya v said mustapha kapalapya and anotherd 2023 tzhc 17389 16 may 2023
Parties
Appellant: Hamisa Said Mgaya; 1st Respondent: Said Mustapha Kapalapya (Administrator of Estate of the Late Mustapha Shabani Kapalapya); 2nd Respondent: Viettel Tanzania Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 May 2023
Procedural Posture
Land Case Appeal / Judgment on First Appeal
Outcome
Appeal allowed in part
Legal Topics
Capacity to Contract, Administration of Estates, Rental Arrears, Beneficiary Rights, Void Contracts
Source Language
English
Land Law Succession Law Capacity to Contract Administration of Estates Rental Arrears Beneficiary Rights Void Contracts

Case Brief

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Parties

Hamisa Said Mgaya

Appellant

Said Mustapha Kapalapya (Administrator of Estate of the Late Mustapha Shabani Kapalapya)

1st Respondent

Viettel Tanzania Ltd

2nd Respondent

Procedural Posture

Land Case Appeal / Judgment on First Appeal

Legal Issues

  1. 1 Whether the appellant had capacity to contract on behalf of the deceased's estate
  2. 2 Whether the rental arrears claimed were justified
  3. 3 Whether the appellant is a lawful beneficiary entitled to occupy the suit premises

Ratio Decidendi

The appellant lacked capacity to contract on the deceased's estate as she was not the administratrix at the time, rendering the contract void ab initio. The correct rental arrears due from Viettel Tanzania Ltd are TZS 2,880,000 for the period 29/04/2015 to 29/04/2017. The appellant is a lawful heir and entitled to occupy the property as a beneficiary, provided she does not obstruct the administrator.

Court Disposition

Appeal allowed in part

Orders

  • Viettel Tanzania Ltd to pay TZS 2,880,000 as rental arrears to the administrator for the period 29/04/2015 to 29/04/2017.
  • Viettel Tanzania Ltd to recognize the administrator as the proper party to the lease.