lucy thomas kimaro vs lilian sophia kimaro another 2022 tzhclandd 12793 13 december 2022

lucy thomas kimaro vs lilian sophia kimaro another 2022 tzhclandd 12793 13 december 2022

The plaintiff is still the administratrix of the deceased's estate as her appointment has not been revoked or annulled, and probate proceedings have not been closed. She retains power to sue to protect the estate or beneficiaries. In her personal capacity, she has sufficient interest in the suit property as evidenced by the distribution document, which entitles her to locus standi. The preliminary objection that she lacks locus standi is without merit and is overruled.

Citation
lucy thomas kimaro vs lilian sophia kimaro another 2022 tzhclandd 12793 13 december 2022
Parties
Plaintiff: Lucy Thomas Kimaro; 1st Defendant: Lilian Sophia Kimaro; 2nd Defendant: Stanbic Bank Tanzania Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
13 December 2022
Procedural Posture
Land Case / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled
Legal Topics
Locus Standi, Administration of Estates, Matrimonial Property, Jurisdiction, Preliminary Objection
Source Language
English
Civil Procedure Land Law Succession Law Locus Standi Administration of Estates Matrimonial Property Jurisdiction Preliminary Objection

Case Brief

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Parties

Lucy Thomas Kimaro

Plaintiff

Lilian Sophia Kimaro

1st Defendant

Stanbic Bank Tanzania Ltd

2nd Defendant

Procedural Posture

Land Case / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaintiff has locus standi to institute the suit after distribution of the deceased's estate
  2. 2 Whether the plaintiff is still administratrix of the estate and can sue on the suit property
  3. 3 Whether the plaintiff has legal interest in the suit property to entitle her to file the suit

Ratio Decidendi

The plaintiff is still the administratrix of the deceased's estate as her appointment has not been revoked or annulled, and probate proceedings have not been closed. She retains power to sue to protect the estate or beneficiaries. In her personal capacity, she has sufficient interest in the suit property as evidenced by the distribution document, which entitles her to locus standi. The preliminary objection that she lacks locus standi is without merit and is overruled.

Court Disposition

Preliminary objection overruled

Orders

  • Preliminary objection dismissed
  • Costs to be within the suit