laurence hoza vs miraji shaban chambo 2006 tzhc 234 28 april 2006

laurence hoza vs miraji shaban chambo 2006 tzhc 234 28 april 2006

The appellant, having redeemed and taken custody of the deceased's only surviving child, is better placed to administer the estate for the welfare and benefit of the child. The welfare of the child is paramount and outweighs clan nomination or collection of the body by the respondent.

Source-derived case information.

Citation
laurence hoza vs miraji shaban chambo 2006 tzhc 234 28 april 2006
Parties
Appellant: Laurence Hoza; Respondent: Miraji Shaban Chambo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 April 2006
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal allowed
Legal Topics
Appointment of Administrator, Welfare of Child, Customary Law, Succession of Estate
Source Language
english
Succession Family Law Appointment of Administrator Welfare of Child Customary Law Succession of Estate

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Parties

Laurence Hoza

Appellant

Miraji Shaban Chambo

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Who is the appropriate person to be appointed as administrator of the estate of the late Fatuma Chambo?
  2. 2 Whether the welfare of the deceased's child is paramount in appointing an administrator.

Ratio Decidendi

The appellant, having redeemed and taken custody of the deceased's only surviving child, is better placed to administer the estate for the welfare and benefit of the child. The welfare of the child is paramount and outweighs clan nomination or collection of the body by the respondent.

Court Disposition

appeal allowed

Orders

  • Decision of the District Court of Same quashed and set aside.
  • Decision of the Primary Court of Gonja restored.