kasimu koire vs alex nuhu another 2012 tzhc 154 14 septemba 2012
Immovable property registered in the name of the judgment debtor as administrator of a deceased estate is not among the properties over which he has disposing power under Section 48 of the Civil Procedure Code and cannot be used to discharge his personal liability unrelated to the estate.
- Citation
- kasimu koire vs alex nuhu another 2012 tzhc 154 14 septemba 2012
- Parties
- Appellant: Kasimu Koire; Respondent: Alex Nuhu; Respondent: Another
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2012
- Procedural Posture
- Miscellaneous Civil Appeal / Judgment
- Outcome
- Appeal allowed with costs.
- Legal Topics
- Execution of Decree, Attachment and Sale of Property, Administrator's Powers, Immovable Property, Trusts and Estates
- Source Language
- English
Case Brief
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Parties
Kasimu Koire
Appellant
Alex Nuhu
Respondent
Another
Respondent
Procedural Posture
Miscellaneous Civil Appeal / Judgment
Legal Issues
- 1 Whether immovable property registered in the name of an administrator of an estate can be attached and sold in execution of a decree against the administrator personally
Ratio Decidendi
Immovable property registered in the name of the judgment debtor as administrator of a deceased estate is not among the properties over which he has disposing power under Section 48 of the Civil Procedure Code and cannot be used to discharge his personal liability unrelated to the estate.
Court Disposition
Appeal allowed with costs.
Orders
- Appeal allowed
- Costs awarded to appellant
Full Case Text
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