mariam john vs hamisi ramadhani 2009 tzhc 131 29 june 2009

mariam john vs hamisi ramadhani 2009 tzhc 131 29 june 2009

The disputed house was improperly included in Probate Cause No. 394 of 2006 as it was already subject to Probate Cause No. 172 of 2003; it is not matrimonial property and should remain under the administration of the appellant.

Citation
mariam john vs hamisi ramadhani 2009 tzhc 131 29 june 2009
Parties
Appellant: Mariam John; Respondent: Hamisi Ramadhani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 June 2009
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Double Probate, Matrimonial Property, Estate Administration
Source Language
English
Probate Property Law Double Probate Matrimonial Property Estate Administration

Case Brief

Summary, issues, holding and outcome

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Parties

Mariam John

Appellant

Hamisi Ramadhani

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the disputed house can be included in two probate causes
  2. 2 Whether the house is a matrimonial property

Ratio Decidendi

The disputed house was improperly included in Probate Cause No. 394 of 2006 as it was already subject to Probate Cause No. 172 of 2003; it is not matrimonial property and should remain under the administration of the appellant.

Court Disposition

appeal allowed

Orders

  • Ruling and drawn order of the lower court set aside.
  • The house in question shall remain in the administration of the appellant.