joseph thomas kazi and 3 others vs sidney thomas kazi and another 2021 tzhc 3937 30 june 2021

joseph thomas kazi and 3 others vs sidney thomas kazi and another 2021 tzhc 3937 30 june 2021

The court found that the 2nd respondent, as administratrix, was given 40% of the deceased's estate and the 1st respondent is entitled to 10%. The property in question (Zimbabwe Guest House) forms part of the estate, and the 2nd respondent's share can be attached and sold to satisfy the 1st respondent's entitlement. If the 2nd respondent's 10% is insufficient, her remaining share within the property may be attached. The applicants' inheritance rights are not prejudiced as only the 2nd respondent's share is subject to execution.

Citation
joseph thomas kazi and 3 others vs sidney thomas kazi and another 2021 tzhc 3937 30 june 2021
Parties
Applicant: Joseph Thomas Kazi; Applicant: Sumai Cuttie Thomas Kazi; Applicant: Louise Thomas Kazi; Applicant: David Thomas Kazi; Respondent: Sidney Thomas Kazi; Respondent: Margaritha Thomas Kazi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 June 2021
Procedural Posture
Miscellaneous Civil Application / Judgment
Outcome
Application dismissed
Legal Topics
Execution of Decree, Objection Proceedings, Distribution of Estate, Attachment of Property
Source Language
English
Civil Procedure Succession Law Execution of Decree Objection Proceedings Distribution of Estate Attachment of Property

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Parties

Joseph Thomas Kazi

Applicant

Sumai Cuttie Thomas Kazi

Applicant

Louise Thomas Kazi

Applicant

David Thomas Kazi

Applicant

Sidney Thomas Kazi

Respondent

Margaritha Thomas Kazi

Respondent

Procedural Posture

Miscellaneous Civil Application / Judgment

Legal Issues

  1. 1 Whether the applicants have an interest in the property sought to be attached in execution of the decree against the 2nd respondent
  2. 2 Whether the property (Zimbabwe Guest House) can be attached and sold to satisfy the decree against the 2nd respondent
  3. 3 Whether the applicants' inheritance rights would be prejudiced by the attachment and sale

Ratio Decidendi

The court found that the 2nd respondent, as administratrix, was given 40% of the deceased's estate and the 1st respondent is entitled to 10%. The property in question (Zimbabwe Guest House) forms part of the estate, and the 2nd respondent's share can be attached and sold to satisfy the 1st respondent's entitlement. If the 2nd respondent's 10% is insufficient, her remaining share within the property may be attached. The applicants' inheritance rights are not prejudiced as only the 2nd respondent's share is subject to execution.

Court Disposition

Application dismissed

Orders

  • Attachment and sale of the 2nd respondent's 10% out of her 40% share in the estate to realize the 1st respondent's 10% entitlement of Tshs. 228,000,000/=
  • If the attached 10% is insufficient, the Zimbabwe Guest House within the 2nd respondent's 40% share shall be attached and sold to satisfy the decree.