jackson daudi vs saada mashimba 2017 tzhc 2055 28 february 2017

The District Court properly exercised its revisional powers suo motu under section 22(1) of the Magistrates' Courts Act to revoke the appellant's appointment as administrator due to his failure to comply with court orders and fulfill his obligations, and the appeal is dismissed in its entirety.

Citation: jackson daudi vs saada mashimba 2017 tzhc 2055 28 february 2017
Parties: Appellant: Jackson Daudi; Respondent: Saada Mashimba
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 28 February 2017
Procedural Posture: Probate Appeal / Judgment on Appeal
Outcome: appeal dismissed
Legal Topics: Revocation of Letters of Administration, Administrator's Duties, Right to Be Heard, Court's Revisional Powers, Distribution of Estate
Source Language: English

Probate Succession Civil Procedure Revocation of Letters of Administration Administrator's Duties Right to Be Heard Court's Revisional Powers Distribution of Estate

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Parties

Jackson Daudi

Appellant

Saada Mashimba

Respondent

Procedural Posture

Probate Appeal / Judgment on Appeal

Legal Issues

1 Whether the District Court erred by hearing the revision without affording the appellant the right to be heard
2 Whether the District Court erred by issuing a revisional order without evidence
3 Whether the District Court erred in revoking the appointment of the appellant without sufficient cause

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

Katoro Primary Court to immediately comply with the District Court's directive to appoint an officer of the court or impartial person as administrator
New administrator to distribute the estate among legal heirs, except for the house pending determination by the Land Tribunal