maria makelemo vs kisusi ilindilo and 2 others 2021 tzhc 6517 10 september 2021

maria makelemo vs kisusi ilindilo and 2 others 2021 tzhc 6517 10 september 2021

The appeal was dismissed because the grounds raised were either new and not within the jurisdiction of the second appellate court to consider, or were without merit as the trial court had jurisdiction, followed proper procedure, and the assessors' participation was adequately reflected by their signatures on the judgment.

Citation
maria makelemo vs kisusi ilindilo and 2 others 2021 tzhc 6517 10 september 2021
Parties
Appellant: Maria Makelemo; Respondent: Kisusi Ilindilo; Respondent: Nkende Ilindilo; Respondent: Malwa Ilindilo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 September 2021
Procedural Posture
Probate Appeal / Second Appeal Before High Court
Outcome
Appeal dismissed
Legal Topics
Appointment of Administrator, Jurisdiction of Primary Court, Participation in Clan Meeting, Role of Assessors, Procedural Compliance in Probate Matters
Source Language
English
Probate Succession Appointment of Administrator Jurisdiction of Primary Court Participation in Clan Meeting Role of Assessors Procedural Compliance in Probate Matters

Case Brief

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Parties

Maria Makelemo

Appellant

Kisusi Ilindilo

Respondent

Nkende Ilindilo

Respondent

Malwa Ilindilo

Respondent

Procedural Posture

Probate Appeal / Second Appeal Before High Court

Legal Issues

  1. 1 Whether the trial court had jurisdiction to entertain the probate matter
  2. 2 Whether proper procedure was followed in the appointment of the administrator
  3. 3 Whether the opinion of assessors was properly recorded and considered

Ratio Decidendi

The appeal was dismissed because the grounds raised were either new and not within the jurisdiction of the second appellate court to consider, or were without merit as the trial court had jurisdiction, followed proper procedure, and the assessors' participation was adequately reflected by their signatures on the judgment.

Court Disposition

Appeal dismissed

Orders

  • Each party to bear own costs