hamisi shekiondo vs rehema ally 2014 tzhc 2153 6 june 2014

hamisi shekiondo vs rehema ally 2014 tzhc 2153 6 june 2014

The court held that both the Primary and District Courts erred by distributing the estate themselves, as this is the exclusive duty of the appointed administrators. The proceedings and judgments of both lower courts were declared a nullity and set aside.

Source-derived case information.

Citation
hamisi shekiondo vs rehema ally 2014 tzhc 2153 6 june 2014
Parties
Appellant: Hamisi Shekiondo; Respondent: Rehema Ally
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 June 2014
Procedural Posture
Civil Appeal / Second Appeal From District Court Decision
Outcome
Appeal allowed
Legal Topics
Administration of Estates, Appointment of Administrators, Distribution of Estate, Application of Islamic Law, Powers of Court in Probate Matters
Source Language
english
Succession Law Probate Family Law Administration of Estates Appointment of Administrators Distribution of Estate Application of Islamic Law Powers of Court in Probate Matters

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Summary, issues, holding and outcome

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Parties

Hamisi Shekiondo

Appellant

Rehema Ally

Respondent

Procedural Posture

Civil Appeal / Second Appeal From District Court Decision

Legal Issues

  1. 1 Whether the District Court erred by distributing the estate instead of leaving it to the administrators
  2. 2 Whether the applicable law for distribution was properly identified as Islamic law
  3. 3 Whether the respondent was entitled to 40% of the proceeds from the sale of the house

Ratio Decidendi

The court held that both the Primary and District Courts erred by distributing the estate themselves, as this is the exclusive duty of the appointed administrators. The proceedings and judgments of both lower courts were declared a nullity and set aside.

Court Disposition

Appeal allowed

Orders

  • Proceedings and judgments of both Primary and District Courts declared a nullity and set aside
  • Orders of lower courts set aside