20120914 TZHC Mwanza
Immovable property registered in the name of an administrator of a deceased estate cannot be attached and sold to satisfy the administrator's personal liability, as the administrator lacks disposing power over such property without the consent of the beneficiaries.
- Citation
- 20120914 TZHC Mwanza
- Parties
- Appellant: Kasimu Koire; Respondent: Alex Nuhu; Respondent: Another
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 14 September 2012
- Procedural Posture
- Miscellaneous Civil Appeal / Judgment on Appeal
- Outcome
- Appeal allowed with costs
- Legal Topics
- Execution of Decree, Attachment and Sale of Property, Administrator's Powers, Immovable Property, Beneficiaries' Consent
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Kasimu Koire
Appellant
Alex Nuhu
Respondent
Another
Respondent
Procedural Posture
Miscellaneous Civil Appeal / Judgment on Appeal
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 for the administrator's personal liability
Ratio Decidendi
Immovable property registered in the name of an administrator of a deceased estate cannot be attached and sold to satisfy the administrator's personal liability, as the administrator lacks disposing power over such property without the consent of the beneficiaries.
Court Disposition
Appeal allowed with costs
Orders
- Execution against the immovable property is set aside
- Costs awarded to the appellant
Full Case Text
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