19841228 TZHC Mawanza

19841228 TZHC Mawanza

The house in dispute forms part of the estate of the late Juma Mohamed Horera, and neither the appellant nor the respondents have legal entitlement to it until proper letters of administration are obtained.

Citation
19841228 TZHC Mawanza
Parties
Appellant: John Horera; Respondent: Mrs. Lucia John Horera; Respondent: Juma Horera
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 December 1984
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Administration of Estates, Ownership of Property, Letters of Administration
Source Language
English
Succession Property Law Administration of Estates Ownership of Property Letters of Administration

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Parties

John Horera

Appellant

Mrs. Lucia John Horera

Respondent

Juma Horera

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the house on Plot No. 49, Block B, Maswa Township belonged to the respondents or formed part of the estate of the late Juma Mohamed Horera
  2. 2 Whether the appellant or respondents had legal entitlement to the property

Ratio Decidendi

The house in dispute forms part of the estate of the late Juma Mohamed Horera, and neither the appellant nor the respondents have legal entitlement to it until proper letters of administration are obtained.

Court Disposition

appeal allowed

Orders

  • Judgment of the trial court set aside
  • Declared that the house is property of the estate of the late Juma Mohamed Horera